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

• Widgery v. United States
  796 F.2d 223· 8th Cir.· 1986-07-07 ·cited 2×
  The court held that the district court erred in applying the 'cause and prejudice' standard instead of the 'deliberate bypass' standard to determine if Widgery's failure to prosecute his appeal bars his section 2255 motion.
• Victor F. v. Pasadena Indep. Sch. Dist.
  793 F.2d 633· 5th Cir.· 1986-07-02 ·cited 2×
  The district court did not abuse its discretion by striking the plaintiffs' motion for an extension of time to file a notice of appeal because it lacked a certificate of service as required by local rules.
• McGOWAN v. Gen. Dynamics Corp.
  794 F.2d 361· 8th Cir.· 1986-06-26 ·cited 2×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the trial court did not abuse its discretion in denying broad discovery requests and that the plaintiff failed to demonstrate that the employer's articulated legitimate, non-discriminatory reasons for not hiring her were pretextual.
• United States v. Nat'l Med. Enters., Inc.
  792 F.2d 906· 9th Cir.· 1986-06-23 ·cited 2×
  The court held that the district court abused its discretion by dismissing the action with prejudice, as the prior orders did not provide clear notice that such conduct would result in dismissal, and the court failed to consider lesser sanctions, prejudice, and the public interes
• Garland Lewis v. Dist. OF Columbia
  793 F.2d 361· D.C. Cir.· 1986-06-20 ·cited 2×
  The court held that the district court did not err in admitting evidence of the plaintiff's past drug use and arrests, as it was relevant for purposes other than proving character.
• Nat'l Audubon Soc'y v. Hester
  801 F.2d 405· D.C. Cir.· 1986-06-10 ·cited 2×
  The court held that the U.S. Fish & Wildlife Service's decision to capture the remaining wild California condors was a reasoned exercise of discretion, adequately explained, and not arbitrary or capricious.
• Universal Mortg. Co., Inc. v. Prudential Ins. Co.
  799 F.2d 458· 9th Cir.· 1986-05-30 ·cited 2×·via Abuse Of Discretion (Appellate Review)
  A full credit bid at a foreclosure sale extinguishes the debt, thereby precluding the loss payee from recovering insurance proceeds for damage to the property, regardless of whether the damage occurred before or after the bid, or whether the mortgagee had actual or constructive k
• Wiener v. Roth
  791 F.2d 661· 8th Cir.· 1986-05-28 ·cited 2×
  The court held that the district court did not abuse its discretion in approving the settlement of a shareholder derivative suit.
• Tenn. Baptist Child's. Homes, Inc. v. United States
  790 F.2d 534· 6th Cir.· 1986-05-14 ·cited 2×
  The court held that the determination of whether an organization's principal activity is 'exclusively religious' presents a question of fact for the jury, and that the Government's position in this tax dispute was substantially justified, precluding attorney fees under EAJA.
• Tribal Vill. OF Akutan v. Hodel
  792 F.2d 1376· 9th Cir.· 1986-04-28 ·cited 2×
  The court held that the Secretary of the Interior must comply with the notice and hearing procedures of ANILCA section 810(a) when he finds that significant restrictions on subsistence uses are "unlikely," not just when he finds they "would" occur.
• In re Allustiarte v. Allustiarte
  786 F.2d 910· 9th Cir.· 1986-04-07 ·cited 2×
  The court held that the debtors' children's interests in the Storm property were their separate property, thus their spouses were not indispensable parties. The court also held that the absent spouses for the Shipp property were not indispensable parties because their interests w
• Indus. Assocs., Inc. v. Goff Corp.
  787 F.2d 268· 7th Cir.· 1986-04-02 ·cited 2×
  The court held that a party seeking relief under Rule 60(b)(6) must demonstrate extraordinary circumstances creating a substantial danger of an unjust result, and that specific performance of a settlement agreement can cure minor breaches.
• Hechenberger v. Wilken
  786 F.2d 347· 8th Cir.· 1986-03-11 ·cited 2×·via Abuse Of Discretion Standard For Fee Awards
  The court held that the district court did not abuse its discretion in denying attorneys' fees to the appellants due to special circumstances, including their frivolous appeal.
• Wade v. Wade
  484 So. 2d 83· Fla. 2d DCA· 1986-03-05 ·cited 2×
  Barbara Wade appealed a divorce judgment, challenging the trial court's award of rehabilitative alimony rather than permanent alimony, the limitation of her health insurance coverage, and the allocation of attorney's fees and back taxes. The appellate court affirmed the judgment,
• Cal Worthington v. Lick
  783 F.2d 1369· 9th Cir.· 1986-02-28 ·cited 2×
  The court held that the prevailing party on a contract claim, even in a case with multiple claims, is entitled to attorney fees under Oregon law.
• Mooney v. Frierdich
  784 F.2d 875· 8th Cir.· 1986-02-27 ·cited 2×
  The court held that an order dismissing a third-party complaint, which is not certified under Fed.R.Civ.P. 54(b) with an express determination that there is no just reason for delay, is not a final appealable order.
• United States v. Dunn
  781 F.2d 447· 5th Cir.· 1986-01-28 ·cited 2×
  The court held that Federal Rule of Criminal Procedure 46(e) applies to bond forfeiture proceedings based on travel restriction violations, not the Bail Bond Reform Act, and that the delay in holding the forfeiture hearing did not violate due process.
• In re Nicholson v. Nicholson
  779 F.2d 514· 9th Cir.· 1985-12-26 ·cited 2×
  The court held that the bankruptcy court's findings of fact were clearly erroneous, and therefore, its reformation of the trustee's deed was an abuse of discretion.
• Gelco Corp. v. Baker Indus., Inc.
  779 F.2d 26· 8th Cir.· 1985-12-10 ·cited 2×
  The court held that the district court correctly determined that the arbitration clause was narrowly drawn and did not encompass the buyer's claims for breach of contract covenants, warranties, and representations.
• Barragan-Verduzco v. United States Immigr. & Naturalization Serv.
  777 F.2d 424· 8th Cir.· 1985-11-19 ·cited 2×
  The court held that the immigration judge and Board of Immigration Appeals did not abuse their discretion in denying the petitioners' applications for suspension of deportation because they failed to demonstrate extreme hardship.
• Estle Smith v. Sec'y OF Health & Human Servs.
  776 F.2d 1330· 6th Cir.· 1985-11-15 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment because the motion was untimely under Rule 60(b)(1) and not applicable under Rule 60(b)(6).
• Hwei-Jen Chou v. Immigr. & Naturalization Serv.
  774 F.2d 1318· 5th Cir.· 1985-10-25 ·cited 2×
  The court held that the immigration judge did not abuse discretion in granting sixty days for voluntary departure and that the appeal was moot.
• Josiah Lyman v. Spain
  774 F.2d 495· D.C. Cir.· 1985-10-04 ·cited 2×
  The court held that the order appointing a receiver was appealable and that the appointment was not an abuse of discretion given the appellants' conduct and the minority shareholder's lack of other remedies.
• Gurman v. Gurman
  474 So. 2d 1276· Fla. 3d DCA· 1985-09-10 ·cited 2×
  In this post-dissolution proceeding, the trial court awarded the former husband the obligation to pay $13,000 in attorneys' fees for the former wife's counsel, absolving her of any additional fee obligations despite the attorney's claim of additional fees due under their contract
• Morgan v. Off. OF Pers. Mgmt.
  773 F.2d 282· Fed. Cir.· 1985-09-05 ·cited 2×
  Temporary performance of supervisory duties does not constitute a transfer to a supervisory position for the purpose of early retirement eligibility under 5 U.S.C. § 8336(c).
• Colo. Dep't OF Soc. Servs. v. The Dep't OF Health & Human Servs.
  771 F.2d 1422· 10th Cir.· 1985-08-30 ·cited 2×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Department of Health and Human Services Departmental Grant Appeals Board acted within its authority by imposing a 12-month time limit on continued federal funding during state administrative and judicial review of decertification decisions.
• Robinson v. Dep't of Transp.
  769 F.2d 1556· Fed. Cir.· 1985-07-31 ·cited 2×
  The court affirmed the Merit Systems Protection Board's decisions sustaining the removal of employees for participating in an illegal strike and unauthorized absence, finding the appeal frivolous.
• Britt v. Schenk
  769 F.2d 84· 2d Cir.· 1985-07-30 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court should affirm the district court's injunction preventing the Corps from removing the Route 18 bridge until local assurances of replacement are received.
• McINTOSH v. Althouse
  472 So. 2d 1257· Fla. 4th DCA· 1985-07-03 ·cited 2×
  The court should relinquish jurisdiction to obtain an adequate record to determine if the trial court acted reasonably in its child support decision.
• Dias v. Bank OF Haw.
  764 F.2d 1292· 9th Cir.· 1985-07-02 ·cited 2×
  An order staying execution of a federal TILA judgment to permit a state court to decide a claim that might be set off is appealable under the Enelow-Ettelson rule as an interlocutory order relating to an injunction.
• Pedereaux v. DOE
  767 F.2d 50· 3d Cir.· 1985-06-27 ·cited 2×
  The court held that under Rule 4(a)(5), F.R.A.P., a party seeking to extend the time to file a notice of appeal must demonstrate "excusable neglect" not only for the initial missed deadline but also for any delay in filing the motion to extend, up to the time the motion is filed.
• Bankes v. Dir., Off. OF Workers' Comp. Programs
  765 F.2d 81· 6th Cir.· 1985-06-19 ·cited 2×
  The court held that the deputy commissioner did not abuse discretion by refusing to consider an untimely attorney fee application for black lung benefits.
• Ladd v. LAW & Tech. Press
  762 F.2d 809· 9th Cir.· 1985-06-07 ·cited 2×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the copyright deposit requirement is a constitutional condition for copyright, not an unconstitutional taking or burden on the press, and that summary judgment was proper without further discovery.
• Maxe Colleen McCorkle Morris v. Commissioner OF Internal Revenue
  761 F.2d 1195· 6th Cir.· 1985-05-20 ·cited 2×
  The tax court did not err in determining the fair market value of the subject real estate, nor did it abuse its discretion in refusing to consider evidence of subsequent events.
• State OF Haw. v. Heckler
  760 F.2d 1031· 9th Cir.· 1985-05-17 ·cited 2×
  The court held that the Secretary abused her discretion by disallowing federal Medicaid payments for intermediate care facilities when the submitted physician orders met the requirements of the applicable transmittal in effect at the time.
• Commodity Futures Trading Comm'n v. Morse
  762 F.2d 60· 8th Cir.· 1985-05-13 ·cited 2×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the district court did not err in finding a violation of the Commodity Exchange Act and in denying attorney fees, affirming the permanent injunction.
• United States v. Benson
  760 F.2d 862· 8th Cir.· 1985-04-15 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction, holding that the district court did not err in denying motions to suppress IRS summonses, discover grand jury proceedings, admit certain evidence, or in its voir dire rulings.
• McDOWELL v. Safeway Stores, Inc.
  758 F.2d 1293· 8th Cir.· 1985-04-08 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding costs and that Safeway was not entitled to reimbursement for trial transcripts.
• Am. Commercial Barge Lines Co. v. Nat'l Labor Relations Bd.
  758 F.2d 1109· 6th Cir.· 1985-04-01 ·cited 2×
  The court held that an agency's disclosure of a document does not automatically mean its prior withholding lacked a reasonable basis in law, and therefore, the district court abused its discretion in awarding attorney fees under FOIA when the agency had a reasonable basis for wit
• Sisk v. United States
  756 F.2d 497· 7th Cir.· 1985-02-27 ·cited 2×
  The dissenting judge would not reverse the trial court's dismissal, finding the plaintiff's claim to be a small matter of neglect.
• United States v. Maples
  754 F.2d 299· 8th Cir.· 1985-02-14 ·cited 2×
  The court held that the district court did not abuse its discretion in refusing to grant a mistrial despite prejudicial testimony and closing arguments, given the prompt admonishment of the jury and strong evidence of guilt.
• Cardiff Acquisitions, Inc. v. Hatch
  751 F.2d 917· 8th Cir.· 1984-12-14 ·cited 2×
  The court held that while the district court may not have abused its discretion in denying a preliminary injunction, certain disclosures may be deficient, and the case is remanded for further factual findings and potential injunction.
• United States v. James M. Allen (84-5336)
  748 F.2d 334· 6th Cir.· 1984-11-20 ·cited 2×
  The court held that newly discovered evidence that merely impeaches a key prosecution witness is insufficient grounds for a new trial, and the district court did not abuse its discretion in denying the motion.
• Kirkland v. Kirkland
  458 So. 2d 900· Fla. 2d DCA· 1984-11-16 ·cited 2×
  The court held that the trial judge abused discretion in setting the amount of rehabilitative alimony and remanded for recalculation.
• Puerto RICO Mar. Shipping Auth. v. Crowley Towing & Transp. Co.
  747 F.2d 803· 1st Cir.· 1984-11-02 ·cited 2×
  The court held that the district court's finding that the shipping company did not know or have reason to know the trailers were not supposed to be shipped to Venezuela was not clearly erroneous, thus precluding liability.
• James K.J. Cheng v. GAF Corp.
  747 F.2d 97· 2d Cir.· 1984-10-25 ·cited 2×
  The court affirmed the district court's order disqualifying GAF's counsel, finding no abuse of discretion given the case's history.
• Kearns v. Fred Lavery Porsche Audi Co.
  745 F.2d 600· Fed. Cir.· 1984-10-11 ·cited 2×
  The court held that the district court did not abuse its discretion in disqualifying an attorney and his firm because a preliminary lawyer-client relationship existed, and the attorney received confidential information substantially related to the current litigation.
• Wilhelmina Pope v. The R.R. Ret. Bd.
  744 F.2d 868· D.C. Cir.· 1984-10-02 ·cited 2×
  The court held that the district court erred in denying attorney fees and costs to plaintiffs under the Equal Access to Justice Act because the government's position was not substantially justified.
• Fargo Biltmore Motor Hotel Corp. v. Best W. Int'l, Inc.
  742 F.2d 459· 8th Cir.· 1984-08-29 ·cited 2×
  The court held that plaintiffs' claims were barred by equitable defenses and that the exclusion of certain documents was harmless error, but remanded for further proceedings on attorneys' fees.
• Eldor Miller v. Commissioner OF Internal Revenue
  741 F.2d 198· 8th Cir.· 1984-08-21 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The Tax Court did not abuse its discretion by dismissing the appellant's petition for failure to comply with a discovery order requiring production of documents.