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

• Windsor v. The United States Dep't OF Just.
  740 F.2d 6· 6th Cir.· 1984-08-02 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment because the appellant had no protected employment rights.
• United States v. Cross
  735 F.2d 1213· 10th Cir.· 1984-05-30 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw her guilty plea.
• Mitchell v. McCORSTIN
  728 F.2d 1422· 11th Cir.· 1984-04-06 ·cited 2×
  The court held that the denial of a motion to intervene, even if provisionally reviewed, must be dismissed for lack of jurisdiction if the motion was properly denied.
• United States v. Prows
  728 F.2d 1398· 11th Cir.· 1984-04-02 ·cited 2×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not abuse its discretion in denying the motion for severance and that the admission of co-conspirator statements was not reversible error. The evidence was sufficient to support the conviction.
• Abdul Karim Shyllon v. Immigr. & Naturalization Serv.
  728 F.2d 1087· 8th Cir.· 1984-02-29 ·cited 2×
  The court held that the BIA abused its discretion by failing to consider the petitioner's amended motion to reopen deportation proceedings and its supporting documents.
• Alfred J. Vincent, M.D. v. Reynolds Mem'l Hosp., Inc.
  728 F.2d 250· 4th Cir.· 1984-02-21 ·cited 2×
  The court held that the district court abused its discretion by denying relief from judgment when the underlying settlement agreement was invalidated by state courts.
• Ruiz v. McKASKLE
  724 F.2d 1149· 5th Cir.· 1984-02-13 ·cited 2×
  The court held that the district court did not abuse its discretion in approving the Stipulated Modification because inmates received adequate notice and the modification was fair and reasonable.
• United States v. Noe Ervey Garcia
  724 F.2d 514· 5th Cir.· 1984-02-10 ·cited 2×
  The court held that a temporary revocation of a bond, followed by a hearing and reinstatement, does not terminate the surety's liability, and the surety's obligation remains unchanged.
• Loring v. The City OF Scottsdale
  721 F.2d 274· 9th Cir.· 1983-11-30 ·cited 2×
  The court held that the district court erred in calculating attorney fees by considering only the monetary recovery and failing to apply the Kerr factors.
• Bette T. Taicher v. City OF Hallandale
  442 So. 2d 281· Fla. 4th DCA· 1983-11-23 ·cited 2×
  Plaintiffs appealed the denial of their motion to set aside a dismissal for lack of prosecution. The trial court dismissed the case after over one year of inactivity, and the appellate court affirmed, finding no abuse of discretion despite the plaintiffs' attorney's health issues
• Leon Cnty. Humane Soc'y, Inc. v. DeGROAT
  439 So. 2d 949· Fla. 1st DCA· 1983-10-13 ·cited 2×·via Reasonableness Test For Abuse Of Discretion
  Punitive damages are not recoverable where the defendant's employee's conduct, though negligent, does not constitute willful, wanton, and reckless disregard of the plaintiff's safety; the trial court erred in submitting the punitive damages issue to the jury.
• Geiger v. Geiger
  437 So. 2d 735· Fla. 5th DCA· 1983-09-08 ·cited 2×
  The appellate court affirmed the trial court's order modifying a dissolution decree, finding no abuse of discretion in the award of permanent periodic alimony, which was increased to $100.00 per week for a limited period and included payment for the wife's medical expenses.
• Bleemer v. Bleemer
  436 So. 2d 273· Fla. 3d DCA· 1983-07-26 ·cited 2×
  The appellate court affirmed the denial of a continuance for a contempt hearing and reversed the trial court's modification of a final judgment after an appeal was filed.
• Griffin v. Griffin
  436 So. 2d 968· Fla. 3d DCA· 1983-07-26 ·cited 2×
  In this divorce appeal, the Third District Court of Appeal affirmed the trial court's Final Judgment Dissolving Marriage, which awarded the wife lump sum alimony (including the husband's interest in the marital home plus $50,000), rehabilitative alimony for retraining, and attorn
• Global van Lines, Inc. v. Interstate Commerce Comm'n & United States
  709 F.2d 9· 5th Cir.· 1983-07-05 ·cited 2×
  The court denied the petition for rehearing, finding that the Commission's potential refusal to allow discovery of motor carrier contracts was not a basis for overturning its approval of contract carrier applications.
• Sampson v. Commissioner OF Internal Revenue
  710 F.2d 262· 6th Cir.· 1983-06-23 ·cited 2×
  The Tax Court has the discretion to permit intervention by entities not served with a notice of deficiency, and its denial of such a petition is an appealable decision.
• Calehuff v. Calehuff
  433 So. 2d 1021· Fla. 4th DCA· 1983-06-15 ·cited 2×
  In this dissolution of marriage appeal, the court held that a trial court lacked jurisdiction to entertain a Rule 1.540(b) motion for relief from judgment when a premature notice of appeal from the final judgment was pending, and affirmed the denial of that motion and the award o
• News-Press Publ'g Co., Inc. v. Gadd
  432 So. 2d 689· Fla. 2d DCA· 1983-06-03 ·cited 2×
  The trial court's denial of attorney's fees under Florida's public records statute was affirmed because the court's finding that the agency's refusal to permit inspection was not unreasonable was supported by evidence, particularly given the legitimate differences of opinion refl
• Morris v. United Sanitation Servs.
  432 So. 2d 104· Fla. 3d DCA· 1983-04-26 ·cited 2×
  Eugene Morris, a professional football player injured in a motor vehicle accident, sued United Sanitation Services for damages. The trial court granted defendant's motion for a new trial on damages only, finding that Morris's lost future earnings claims were unsupported because h
• Furman v. State
  429 So. 2d 763· Fla. 1st DCA· 1983-04-12 ·cited 2×
  Furman appeals the revocation of his probation, arguing that the trial court erred by denying him a continuance to secure private counsel. The appellate court affirmed the revocation, finding that the lower court did not abuse its discretion in denying continuances when the assig
• In re Bankruptcy of David M. Posner v. Tabone
  700 F.2d 1243· 9th Cir.· 1983-03-07 ·cited 2×
  The court held that the bankruptcy court and district court did not err in voiding a state court judgment obtained in violation of the automatic stay provisions of Bankr. Rule 401.
• Mathews v. Kant
  427 So. 2d 369· Fla. 2d DCA· 1983-03-04 ·cited 2×
• United States v. Muhammad Jalal Deen Akbar
  698 F.2d 378· 9th Cir.· 1983-01-31 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge's questioning of individual jurors regarding their deliberations, while potentially problematic, did not constitute reversible error in this specific instance because it was not coercive and was related to a collateral issue.
• Pate v. Alameda-Contra Costa Transit Dist.
  697 F.2d 870· 9th Cir.· 1983-01-25 ·cited 2×
  The court held that the district court abused its discretion by failing to make a determination on whether unsuccessful claims were related to the plaintiffs' ultimate goal, requiring a remand for a hearing.
• Rock Island Improvement Co. v. Helmerich & Payne
  698 F.2d 1075· 10th Cir.· 1983-01-21 ·cited 2×
  The court held that the Oklahoma Open Cut Land Reclamation Act changed public policy, making the Peevyhouse damages rule inapplicable, and that the cost of reclamation, not diminution in value, was the proper measure of damages. The court also found expert testimony admissible an
• Farah v. Farah
  424 So. 2d 960· Fla. 3d DCA· 1983-01-11 ·cited 2×
  In this divorce case, Judith Farah appealed a final judgment dissolving her marriage, challenging the trial court's award of special equity in jointly owned property to her former husband, denial of her exclusive use and possession of the property, and the adequacy of alimony. Th
• Falk v. Falk
  422 So. 2d 1025· Fla. 1st DCA· 1982-11-30 ·cited 2×
  In a divorce case, an appellate court affirms the trial judge's award of custody of the parties' young daughter to the mother, despite the father's appeal. The decision reflects concerns about allegations against the maternal grandfather while respecting the trial judge's superio
• Rivers v. Schweiker
  692 F.2d 871· 2d Cir.· 1982-11-04 ·cited 2×
  The court held that the district court did not abuse its discretion in denying retroactive notice for past inadequate notice and in fashioning relief for timely remittance of SSI benefits.
• Edwin Kalmus & Co. & Chubb Grp. of Ins. Cos. v. William Berkarich & Div. of Workers' Comp.
  421 So. 2d 584· Fla. 1st DCA· 1982-10-12 ·cited 2×
  The court affirmed the deputy's order to pay medical bills, finding the employer/carrier failed to show an abuse of discretion.
• Powell v. Powell
  421 So. 2d 575· Fla. 5th DCA· 1982-10-06 ·cited 2×
  The trial court erred in awarding jointly-owned Robbins & Rollins stock to the husband and in its erroneous statement that neither party was entitled to alimony, but otherwise the judgment was reasonable and not an abuse of discretion. The trial court's award of support obligatio
• Cascade Local Lodge NO. 297 v. Int'l Ass'n OF MacHinists
  684 F.2d 609· 9th Cir.· 1982-07-13 ·cited 2×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court affirmed the district court's preliminary injunction, finding no abuse of discretion in its issuance.
• Esselstein v. Dir., Off. of Workers' Comp. Programs
  676 F.2d 228· 6th Cir.· 1982-04-26 ·cited 2×
  The court held that the deputy commissioner did not abuse his discretion in reducing the requested attorney's fees by disallowing certain hours and reducing the hourly rate.
• Palm Beach Cnty. Classroom Teacher's Ass'n & Warren G. Cutts v. The Sch. Bd. OF Palm Beach Cnty.
  411 So. 2d 1375· Fla. 4th DCA· 1982-04-07 ·cited 2×·via Abuse Of Discretion Standard For Injunctions
  This case concerns whether grievance arbitration hearings between a teachers' union and a school board are subject to Florida's Government in the Sunshine Act. The appellate court affirmed the denial of a preliminary injunction, finding no abuse of discretion and noting the publi
• Equal Emp. Opportunity Comm'n v. Westinghouse Elec. Corp.
  675 F.2d 164· 8th Cir.· 1982-04-02 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely.
• Ivey v. Bd. OF Regents OF the Univ. OF Alaska
  673 F.2d 260· 9th Cir.· 1982-03-29 ·cited 2×
  The court held that the denial of appointed counsel and dismissal of defendants were not erroneous.
• United States v. Rosenthal
  673 F.2d 722· 4th Cir.· 1982-03-08 ·cited 2×
  The appellate court affirmed the district court's denial of a sentence reduction, finding no abuse of discretion or extraordinary circumstances to justify intervention.
• United States v. Penello
  668 F.2d 789· 4th Cir.· 1982-01-22 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding evidence under Federal Rule of Evidence 403 because its prejudicial effect outweighed its probative value.
• Diaz v. State
  409 So. 2d 68· Fla. 3d DCA· 1982-01-12 ·cited 2×
  Luis Diaz appeals his convictions for multiple sexual battery crimes, challenging the exclusion of evidence that another similar offense occurred while he was in jail. The Florida appellate court affirms, holding that the trial judge did not abuse discretion in excluding the evid
• SUN Bank OF Ocala v. Int'l Harvester Co.
  408 So. 2d 661· Fla. 3d DCA· 1981-12-29 ·cited 2×
• Steinberg v. Carol-Nada Steinberg
  407 So. 2d 346· Fla. 4th DCA· 1981-12-16 ·cited 2×
  In this dissolution of marriage appeal, the former husband challenges the financial provisions of the final judgment, arguing they exceed his ability to pay. The Florida District Court of Appeal reverses and remands, finding that the trial court abused its discretion by awarding
• Mitchell Energy Corp. v. Fed. Energy Regulatory Comm'n
  662 F.2d 1111· 5th Cir.· 1981-12-03 ·cited 2×
  The court held that the Federal Energy Regulatory Commission acted within its discretion in ordering Mitchell Energy Corporation to refund excess amounts collected under a special rate, and that the Commission adequately explained its computation of the refund obligation.
• Pitchford v. The United States
  666 F.2d 533· Ct. Cl.· 1981-12-02 ·cited 2×
  The court held that the Air Force did not abuse its discretion in disbursing pay and allowances to the serviceman's wife during his captivity, as there was no evidence of impropriety on her part or that the payments were excessive.
• van Prooyen v. van Prooyen
  407 So. 2d 930· Fla. 5th DCA· 1981-11-25 ·cited 2×
  Dennis Van Prooyen appeals an order denying reconsideration of his petition to modify spousal and child support obligations in a divorce judgment. The court partially affirmed and partially reversed, finding it was error for the trial court to impose new obligations for medical a
• Sasser v. Humana OF Fla., Inc.
  404 So. 2d 856· Fla. 1st DCA· 1981-10-16 ·cited 2×
  The court held that Section 768.50, Florida Statutes (1979) is constitutional and allows for discovery of collateral source information.
• Diamond v. The United States
  657 F.2d 1194· Ct. Cl.· 1981-08-19 ·cited 2×·via Abuse Of Administrative Discretion
  The court granted summary judgment for the defendant, finding no abuse of discretion or implied-in-fact contract, and thus no jurisdiction over the plaintiffs' claim for damages.
• Stewart v. Rhodes
  656 F.2d 1216· 6th Cir.· 1981-08-12 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the plaintiffs.
• Riley v. Univ. OF Lowell
  651 F.2d 822· 1st Cir.· 1981-06-23 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in its evidentiary rulings, jury instructions, or in its conduct, and that the jury verdict for the defendants was proper.
• Cole v. Glynn
  397 So. 2d 996· Fla. 4th DCA· 1981-04-22 ·cited 2×
• Womens Servs., P.C. v. Thone
  645 F.2d 649· 8th Cir.· 1981-04-09 ·cited 2×
  The Eighth Circuit affirmed the district court's reduction of attorney fees, finding no abuse of discretion in the amount awarded or in the denial of fees for the appeal on attorney fees.
• Baltimore Contractors, Inc. v. The United States
  643 F.2d 729· Ct. Cl.· 1981-02-25 ·cited 2×
  The court's ultimate legal authority relied upon is objected to, with the proper foundation for the decision being the due process clause of the fifth amendment.