Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Am. Fed'n OF Gov't Emps., Council 214, AFL-CIO v. Fed. Labor Relations Auth.
  835 F.2d 1458· D.C. Cir.· 1987-12-29 ·cited 2×
  An employer cannot unilaterally reduce remittances of union dues to offset prior erroneous overpayments made to the union, as the withheld dues are considered employee property until delivered to the union.
• Schang v. Schang
  516 So. 2d 1098· Fla. 1st DCA· 1987-12-17 ·cited 2×
  A trial court must consider a husband's vested and matured pension rights as a marital asset in dissolution proceedings, and an automatic reduction of permanent periodic alimony is improper without evidence demonstrating that the wife's needs will diminish within the specified ti
• Sec. & Exch. Comm'n v. Kluesner
  834 F.2d 1438· 8th Cir.· 1987-12-15 ·cited 2×
  The court held that the SEC's position was not substantially justified and no special circumstances warranted denial of attorney's fees under the EAJA.
• H.R. Ambrose Tessmer v. Walker
  833 F.2d 925· 11th Cir.· 1987-12-07 ·cited 2×
  The district court should have vacated and reentered its judgment to restart the period for filing a notice of appeal because the clerk's misinformation, combined with counsel's diligent inquiries and prompt filing of a Rule 60(b) motion, constituted exceptional circumstances jus
• Mein, Joest & Hayes, M.D., P.A. v. Weiss
  516 So. 2d 299· Fla. 1st DCA· 1987-12-01 ·cited 2×
  A medical malpractice case where the trial court granted appellees a new trial after a jury verdict favoring the defendant-physician. The appellate court affirmed, finding that defense counsel's improper arguments about a hypothetical brain-damaged baby and the threat of future l
• Harris v. Martin
  834 F.2d 361· 3d Cir.· 1987-11-30 ·cited 2×
  The dissent argues that the majority's interpretation of Rule 60(b)(5) is too narrow and that the Parole Commission should be granted relief from the prior judgment.
• Whitfield v. Pennington
  832 F.2d 909· 5th Cir.· 1987-11-25 ·cited 2×
  The court held that the district court abused its discretion by refusing to hold Pennington and Donnell in civil contempt for failing to comply with a consent order, as the offset of a corporate account was a separate transaction and did not satisfy their personal obligations.
• Fimbres v. United States
  833 F.2d 138· 9th Cir.· 1987-11-23 ·cited 2×
  The court held that intentional delay in service due to financial concerns, without seeking a continuance, does not constitute good cause for failing to serve within 120 days under Rule 4(j).
• Williamson Piggly Wiggly v. Nat'l Labor Relations Bd.
  827 F.2d 1098· 6th Cir.· 1987-09-01 ·cited 2×
  The dissenting judge would reverse the Board's finding that Johnny Lucas was not a supervisory employee.
• Bailey v. Bowen
  827 F.2d 368· 8th Cir.· 1987-08-28 ·cited 2×
  The court held that the Secretary's position that the claimant was able to engage in substantial gainful activity was not substantially justified, warranting reversal of the district court's denial of attorney fees.
• van Arsdale v. Helen R.H. Clemo
  825 F.2d 794· 4th Cir.· 1987-08-13 ·cited 2×
  The court held that the district court did not err in finding the new claimants' committee representative and that the appellants' challenges regarding discovery and the selection process were meritless.
• Lopez-Rayas v. Immigr. & Naturalization Serv.
  825 F.2d 827· 5th Cir.· 1987-08-13 ·cited 2×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying suspension of deportation, as the hardship was not sufficiently extreme under the established legal standard.
• Noris Vargas v. Immigr. & Naturalization Serv.
  826 F.2d 1394· 5th Cir.· 1987-08-07 ·cited 2×
  The court held that under the limited standard of review established in Hernandez-Cordero, the Board of Immigration Appeals did not abuse its discretion in denying suspension of deportation based on a lack of extreme hardship.
• Morrison Assurance Co. v. United States Fire Ins. Co.
  515 So. 2d 995· Fla. 1st DCA· 1987-07-24 ·cited 2×
  Morrison Assurance Company petitioned for certiorari to review a trial court order disqualifying its counsel and partially granting a discovery motion. The court affirmed the disqualification order under Canon 9, finding that having counsel testify as a witness could impair his e
• Gaston Drugs, Inc. v. Metro. Life Ins. Co.
  823 F.2d 984· 6th Cir.· 1987-07-22 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate a strong probability of success on the merits regarding their claims that audits and overpayment demands violated an Ohio statute o
• Zenith Radio Corp. v. The United States
  823 F.2d 518· Fed. Cir.· 1987-07-02 ·cited 2×
  The court held that the Court of International Trade did not abuse its discretion in denying the government's motion for assessment of damages on an injunction bond, primarily due to a subsequent jurisdictional ruling that prevented Zenith from litigating its bad faith claim.
• Neva M. Salinas v. SUN OIL Co.
  819 F.2d 105· 5th Cir.· 1987-06-12 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's age discrimination claim for want of prosecution due to a clear record of delay.
• Puget Sound Prod. Credit Ass'n v. OIL Screw Johnny A
  819 F.2d 242· 9th Cir.· 1987-06-09 ·cited 2×
  A substantial increase in an upset bid filed within the objection period for an admiralty sale warrants refusal of confirmation of the original sale, even if the price is not "grossly inadequate."
• Coats v. Woods
  819 F.2d 236· 9th Cir.· 1987-06-05 ·cited 2×
  The district court's decision to abstain from hearing child custody cases implicating domestic relations issues was not an abuse of discretion.
• LaMarca v. Turner
  662 F. Supp. 647· S.D. Fla.· 1987-06-04 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  The court affirmed the Magistrate's report and recommendation, overruling defendants' objections regarding jury trial, continuance, recusal, and most factual findings.
• In re Suttles v. Suttles
  819 F.2d 764· 7th Cir.· 1987-05-15 ·cited 2×
  The court held that a bankruptcy court did not abuse its discretion in granting a discharge to a debtor who failed to satisfactorily explain asset losses under 11 U.S.C. § 727(a)(5), if the failure was an honest mistake and not intentional.
• Protomaster v. Protomaster
  506 So. 2d 96· Fla. 2d DCA· 1987-05-01 ·cited 2×
  In this Florida dissolution of marriage case, the husband appeals the trial court's award of permanent periodic alimony to the wife. The appellate court affirms, holding that the trial court properly exercised its discretion in awarding permanent rather than rehabilitative alimon
• Maher v. Maher
  505 So. 2d 1107· Fla. 4th DCA· 1987-04-15 ·cited 2×
  In this alimony and child support modification case, the Florida Fourth District Court of Appeal affirmed the trial court's denial of the wife's petition to modify rehabilitative alimony but reversed and remanded the denial of her child support modification petition, finding the
• Standard Furniture & Underwriters Adjusting Co. v. Hill
  505 So. 2d 642· Fla. 1st DCA· 1987-04-15 ·cited 2×
  Standard Furniture appeals a workers' compensation deputy commissioner's order granting Herbert Hill a partial lump-sum advance on future benefits. The court affirms, holding that the deputy commissioner properly determined the advance was in the claimant's best interest based on
• Hughes Tool Co. v. Dresser Indus., Inc.
  816 F.2d 1549· Fed. Cir.· 1987-04-13 ·cited 2×
  The dissent argues that the district court's finding of a 60 percent profit projection was not clearly erroneous and that prejudgment interest should not have been denied for the period the patent was considered invalid.
• S. Natural GAS Co. & S. Energy Co. v. Fed. Energy Regulatory Comm'n
  813 F.2d 364· 11th Cir.· 1987-03-30 ·cited 2×
  The court affirmed the Commission's order requiring Southern Natural Gas Company to provide full refunds to all its customers for excess tariffs collected due to delayed invocation of a minimum bill provision.
• United States v. McCOLLOM
  815 F.2d 1087· 7th Cir.· 1987-03-23 ·cited 2×
  The court affirmed the district court's order imposing sanctions for contempt of court. The defendant's arguments regarding the subpoena's validity and potential for producing protected private papers were not properly raised.
• Ganey v. Garrison
  813 F.2d 650· 4th Cir.· 1987-03-19 ·cited 2×·via Abuse Of Discretion Standard For Fee Awards
  The court affirmed the award of attorneys' fees, finding the plaintiff was a prevailing party entitled to fees under 42 U.S.C. § 1988, but remanded for correction of a potential arithmetical error and to consider fees for the appeal.
• Park Corp. v. Lexington Ins. Co.
  812 F.2d 894· 4th Cir.· 1987-03-03 ·cited 2×
  A party seeking Rule 60(b) relief for excusable neglect must demonstrate reasonable internal controls for processing legal documents, not just an unexplained loss.
• Gulf Arab Media-Arab Am. Film Co. v. The Faisal Found.
  811 F.2d 1260· 9th Cir.· 1987-03-02 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the film company's claims against the Kingdom of Saudi Arabia for failure to prosecute and for insufficient evidence to prove liability after default.
• Cerrillo-Perez v. Immigr. & Naturalization Serv.
  809 F.2d 1419· 9th Cir.· 1987-02-10 ·cited 2×
  The Board of Immigration Appeals (BIA) abused its discretion by failing to consider the hardship to the petitioners' United States citizen children if they remained in the United States following their parents' deportation.
• United States v. Ramirez-Rizo
  809 F.2d 1069· 5th Cir.· 1987-01-28 ·cited 2×
  The court held that the district court did not abuse its discretion by refusing to give a specific eyewitness identification instruction when the defendant's theory of defense was adequately presented through other jury instructions, cross-examination, and closing arguments.
• Carold Campbell v. Hall-Mark Elecs. Corp.
  808 F.2d 775· 11th Cir.· 1987-01-23 ·cited 2×
  The court held that the Secretary of Labor's motion to intervene was untimely because he knew or should have known of his interest and the potential adverse effects of the settlement long before filing the motion, given his extensive involvement in the litigation and settlement n
• Weber v. Imperato
  501 So. 2d 1· Fla. 4th DCA· 1986-12-24 ·cited 2×
• The People OF the Territory OF Guam v. Ngirangas
  806 F.2d 895· 9th Cir.· 1986-12-16 ·cited 2×
  A trial court has discretion under Fed.R.Crim.P. 15(a) to allow the deposition of a fugitive witness when it is in the interest of justice.
• Prior Prods., Inc. v. Sw. Wheel-Ncl Co.
  805 F.2d 543· 5th Cir.· 1986-12-08 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion for relief from an order closing a case, as the movant failed to demonstrate sufficient grounds for relief.
• Tonka Corp. v. Tonk-A-Phone, Inc.
  805 F.2d 793· 8th Cir.· 1986-11-17 ·cited 2×
  The court affirmed the district court's judgment, finding no clear error in factual findings, damages, attorney fees, or the injunction issued.
• Torres-Guzman v. Immigr. & Naturalization Serv.
  804 F.2d 531· 9th Cir.· 1986-11-10 ·cited 2×
  The Board of Immigration Appeals erred by failing to consider all relevant factors when evaluating the petitioners' good moral character, thus abusing its discretion.
• Mabry Milton Murphy v. State
  495 So. 2d 1237· Fla. 4th DCA· 1986-10-22 ·cited 2×
  Murphy was charged with five counts including attempted murder, shooting into an occupied vehicle, aggravated assault, and firearm possession by a convicted felon. He was convicted of aggravated battery, the shooting count, and the felon in possession charge. On appeal, Murphy ch
• S.A.F.E. Exp. Corp. v. The United States
  803 F.2d 696· Fed. Cir.· 1986-10-14 ·cited 2×
  The court held that the government's denial of an installation pass to the contractor's president was not arbitrary or capricious, and therefore the government is not liable for the contractor's increased costs.
• Abernethy v. Abernethy
  494 So. 2d 309· Fla. 1st DCA· 1986-09-24 ·cited 2×
  The former wife appeals a dissolution of marriage judgment that awarded her only the husband's equity in the marital home as lump sum alimony but no periodic alimony. The court reverses, holding that the trial court abused its discretion by failing to retain jurisdiction to award
• United States v. Strawser
  800 F.2d 704· 7th Cir.· 1986-09-10 ·cited 2×
  The court held that the district court had a proper basis to order disgorgement of excessive attorney fees when the fee dispute impacted the defendant's ability to secure representation and potentially involved funds subject to forfeiture.
• John Muller & Co., Inc. v. NEW York Arrows Soccer Team, Inc.
  802 F.2d 989· 8th Cir.· 1986-09-03 ·cited 2×
  The court affirmed the district court's judgment, finding the logo lacked the minimal creativity required for copyrightability and that the Register's refusal was not an abuse of discretion.
• Chesnick v. City OF Delray Beach & R.P. Hewitt & Assocs.
  492 So. 2d 762· Fla. 1st DCA· 1986-08-06 ·cited 2×
  In this workers' compensation appeal, Mary Chesnick challenged a deputy commissioner's award of $12,500 in attorney's fees, which fell below the statutory guideline amount of $20,000. The First District Court of Appeal reversed, holding that the deputy abused his discretion by de
• DOE v. Maher
  795 F.2d 787· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that plaintiffs were not entitled to attorney's fees under section 1988 because their claims were based on the Education of the Handicapped Act (EAHCA), which has its own comprehensive remedial scheme, and their purported constitutional claims lacked an independent
• Pancho Villa Rest., Inc. v. United States Dep't OF Labor
  796 F.2d 596· 2d Cir.· 1986-07-21 ·cited 2×
  The court held that the Secretary of Labor did not act arbitrarily in denying alien labor certifications because the restaurant failed to adequately document its need for experienced cooks and its inability to train inexperienced ones.
• Carrier Corp. v. Mid Corp. (In Re Daikin Miami Overseas
  65 B.R. 396· S.D. Fla.· 1986-07-18 ·cited 2×
  The court held that the bankruptcy court did not abuse its discretion in denying Carrier's motion to vacate the default judgment, as Carrier failed to demonstrate excusable neglect or a meritorious defense.
• Rodriguez v. Schweiger
  796 F.2d 930· 7th Cir.· 1986-07-17 ·cited 2×
  A plaintiff's guilty plea in state court collaterally estops them from relitigating facts underlying the plea in a subsequent federal civil rights action, absent special circumstances like fraud or newly discovered evidence.
• L & L Marine Serv., Inc. v. The Ins. Co. OF N. Am.
  796 F.2d 1032· 8th Cir.· 1986-07-16 ·cited 2×
  The court held that the district court did not err in instructing the jury that the insurer could deny coverage if the insured negligently permitted the barge to sail in an unseaworthy state, and that statements made by the insurer's representative were not slander per se. The co
• In re the Interest of L. McC.
  490 So. 2d 1346· Fla. 4th DCA· 1986-07-09 ·cited 2×
  A Florida appellate court reversed a dependency adjudication where the trial court denied the father's motion for continuance, leaving only three working days between the filing of the dependency petition and the final hearing. The court held this denial deprived the father of ad