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

• Fed. Deposit Ins. Corp. v. Aroneck
  643 F.2d 164· 4th Cir.· 1981-02-19 ·cited 2×
  The court affirmed the grant of summary judgment for the FDIC on the promissory note, but vacated and remanded the attorney fee award for reconsideration.
• Taxpayers v. Haber
  634 F.2d 182· 5th Cir.· 1981-01-12 ·cited 2×
  The court held that an attorney previously involved in a redevelopment project as city attorney is disqualified from representing plaintiffs suing city officials regarding that project, under ethical rules prohibiting former public employees from accepting private employment in m
• United States v. Caesar
  632 F.2d 645· 5th Cir.· 1980-12-11 ·cited 2×
  A district court's sentencing discretion is broad and will not be disturbed on appeal unless there is a gross abuse of discretion, even when considering a defendant's medical condition.
• Herd v. Herd
  391 So. 2d 312· Fla. 4th DCA· 1980-12-10 ·cited 2×
• Gaster v. Gaster
  391 So. 2d 687· Fla. 4th DCA· 1980-10-29 ·cited 2×
  In this family law appeal, a former wife challenges the alimony and property distribution provisions of a divorce judgment. The Fourth District Court of Appeal affirms the trial court's award of $2,000 monthly permanent alimony and property distribution, finding no abuse of discr
• City OF Riviera Beach v. Clark
  388 So. 2d 1101· Fla. 4th DCA· 1980-10-15 ·cited 2×
  The City of Riviera Beach appealed from an order awarding $6,500 in attorneys' fees to John C. Clark based on an oral stipulation in open court. The court affirmed the award, finding that the City agreed to pay the fees in the stipulation and that the amount was supported by comp
• McDERMOTT Inc. v. Wheelabrator-Frye, Inc.
  649 F.2d 489· 7th Cir.· 1980-09-25 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that an increase in the number of shares sought in a tender offer does not constitute a new offer requiring a full extension of the offer period under the Williams Act and SEC regulations.
• Marks v. SAN Francisco Real Est. Bd.
  627 F.2d 947· 9th Cir.· 1980-09-11 ·cited 2×
  The court held that reviewing the class decertification issue at this stage is premature and unnecessary, as the plaintiff is entitled to pursue his individual claim.
• Evans v. Safeway Stores
  623 F.2d 121· 8th Cir.· 1980-08-29 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding attorney fees to the defendant after the plaintiff voluntarily dismissed her tort action without prejudice.
• Haas v. Pittsburgh Nat'l Bank
  627 F.2d 677· 3d Cir.· 1980-08-21 ·cited 2×
  A district judge did not abuse discretion by recusing himself when his continued involvement would create an appearance of unfairness, even if allegations of improper conduct are denied.
• Drake v. Drake
  386 So. 2d 1307· Fla. 4th DCA· 1980-08-20 ·cited 2×
• Gifford v. Small Bus. Admin.
  626 F.2d 85· 9th Cir.· 1980-06-30 ·cited 2×
  The court held that the SBA's decisions regarding the amount of loans and the provision of managerial counseling are committed to agency discretion and are therefore not judicially reviewable.
• Gilbert v. The City OF Little Rock
  622 F.2d 386· 8th Cir.· 1980-05-30 ·cited 2×
  The court affirmed the district court's order disqualifying attorneys for both plaintiff and defendant.
• Equal Emp. Opportunity Comm'n v. Int'l Union OF Elec., Radio & Mach. Workers, AFL-CIO
  631 F.2d 81· 6th Cir.· 1980-05-16 ·cited 2×
  The court held that the district court did not abuse its discretion in assessing a portion of the Special Master's fee against the Unions, given their active participation in the litigation.
• United States v. United Foam Corp.
  618 F.2d 577· 9th Cir.· 1980-05-08 ·cited 2×
  The court held that the district court did not abuse its discretion in awarding compensation to the trustee and attorneys, nor in confirming the sale price of the facility.
• United States v. Grimes
  620 F.2d 587· 6th Cir.· 1980-05-08 ·cited 2×
  The court held that the district judge did not abuse discretion by admitting evidence of similar crimes to negate the defendant's claim of lack of criminal intent.
• United States v. Doran
  619 F.2d 783· 8th Cir.· 1980-04-28 ·cited 2×
  The court held that it has no authority to review the severity of sentences imposed by the district court absent a gross abuse of discretion.
• Selman v. Califano
  619 F.2d 881· 10th Cir.· 1980-04-28 ·cited 2×
  The court held that the pilot was an employee for social security purposes, and the district court did not abuse its discretion in denying a motion to remand for additional evidence.
• United States v. Beachey L. Wright
  627 F.2d 1300· D.C. Cir.· 1980-04-22 ·cited 2×
  The trial court did not abuse its discretion in refusing to raise the insanity defense sua sponte over the defendant's objection, as the court thoroughly explored the issue and provided detailed reasons for its decision.
• Miller v. The Woodmoor Corp.
  619 F.2d 65· 10th Cir.· 1980-04-14 ·cited 2×
  The court held that the trial court did not abuse its discretion in approving the settlement's implementation, finding it fair to the class members.
• United States v. Rivera
  614 F.2d 1049· 5th Cir.· 1980-04-03 ·cited 2×
  The court held that the evidence was sufficient to support revocation of probation based on the appellant leaving the judicial district without permission.
• United States ex rel. William Douglas Davidson v. Wilkinson
  618 F.2d 1215· 7th Cir.· 1980-03-21 ·cited 2×
  The court held that the district court's order denying a prisoner additional time to review court records for a potential § 2255 motion is a final decision appealable under 28 U.S.C. § 1291, and that the restrictions and time limits imposed were not an abuse of discretion.
• Shelter-Lite, Inc. v. Reeves Bros., Inc.
  611 F.2d 1179· 6th Cir.· 1980-01-02 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a motion to vacate a dismissal order and enforce a licensing agreement, requiring an independent action instead.
• Am. Civil Liberties Union v. Brown
  609 F.2d 277· 7th Cir.· 1979-06-07 ·cited 2×
  The court held that the state secrets privilege was not meritorious for the Army Regulations and Field Manual at issue, given the existing protective order and the cessation of domestic intelligence activities.
• Shablowski v. State
  370 So. 2d 50· Fla. 1st DCA· 1979-04-17 ·cited 2×
  Edward Shablowski appealed the Department of Environmental Regulation's denial of his permit application to bulkhead, fill submerged land, and dredge a canal on his Indian River waterfront property. The court affirmed the denial of the dredging application but reversed the denial
• Morrison v. Intercounty Constr. Corp.
  368 So. 2d 104· Fla. 4th DCA· 1979-03-07 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  In this personal injury appeal, the plaintiff challenges a jury verdict finding him 75% negligent and awarding $17,000 in damages, while his wife received zero damages on her loss of consortium claim. The appellate court affirmed the verdict, holding that both the negligence perc
• Mims v. State
  367 So. 2d 706· Fla. 1st DCA· 1979-02-20 ·cited 2×
  Michael Mims appeals his conviction for burglary and trespass, challenging the admission of his co-defendant Hutto's confession that incriminated him despite an attempt to expurgate Mims' name. The Florida First DCA reversed, holding that the inadequately sanitized confession vio
• In re the Extradition of Errol Lloyd Barrett. Errol Lloyd Barrett v. United States
  590 F.2d 624· 6th Cir.· 1978-12-21 ·cited 2×
  The court held that the two-month extradition period began when the commitment order was entered, and that the filing of a habeas corpus petition does not toll this period, especially when no prejudice resulted from the delay.
• Norihiko Nakayama and Mitsuoki Osawa v. Banner
  588 F.2d 1336· C.C.P.A.· 1978-12-14 ·cited 2×
  The court held that the Commissioner did not abuse his discretion in affirming the Board of Patent Interferences' denial of summary judgment and the denial of a motion to restrict, as these decisions involved the exercise of judgment and discretion not subject to correction by wr
• Gen. Sec. Corp. & Edward J. Lovellette v. Sec. & Exch. Comm'n
  583 F.2d 1108· 9th Cir.· 1978-10-12 ·cited 2×
  The court held that the SEC's affirmation of NASD sanctions was not an abuse of discretion and was supported by the record.
• Delpha Lee Propps v. Weihe
  582 F.2d 1354· 4th Cir.· 1978-10-04 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing a third-party complaint without prejudice, as the primary claims had been settled and retaining jurisdiction would not save judicial time.
• Fid. Philadelphia Tr. Co. v. Pioche Mines Consol., Inc.
  587 F.2d 27· 9th Cir.· 1978-09-11 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the counterclaim for lack of prosecution, affirming the dismissal.
• In re Grand Jury Proceedings. Appeal of Larry Smith
  579 F.2d 836· 3d Cir.· 1978-07-27 ·cited 2×
  The court held that a witness is not entitled to inspect the government's Rule 6(e) disclosure notice as a precondition to complying with a grand jury subpoena duces tecum.
• City OF Umatilla v. W. Cent. Fla. Police Benevolent Ass'n
  360 So. 2d 1105· Fla. 2d DCA· 1978-06-21 ·cited 2×·via Abuse Of Administrative Discretion
  The City of Umatilla challenged the Public Employees Relations Commission's dismissal of its objections to a union representation election as untimely. The court held that PERC abused its discretion by strictly applying a five-day filing deadline without considering unusual circu
• Fedorchick v. Massey-Ferguson, Inc.
  577 F.2d 856· 3d Cir.· 1978-06-14 ·cited 2×
  The court held that the trial court did not err in allocating peremptory strikes, as the statute permits additional challenges in multi-party cases.
• Perales v. Immigr. & Naturalization Serv.
  575 F.2d 1293· 9th Cir.· 1978-06-02 ·cited 2×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioners' second motion to reopen deportation proceedings.
• Indep. Inv. Protective League v. Touche Ross & Co.
  607 F.2d 530· 2d Cir.· 1978-04-04 ·cited 2×
  The court held that the district court did not abuse its discretion in imposing sanctions under Fed.R.Civ.P. 37 against plaintiffs and their counsel for failure to comply with a discovery order.
• Buckley Towers Condo., Inc. v. Minerva Millis
  352 So. 2d 585· Fla. 3d DCA· 1977-12-06 ·cited 2×
• In re Urban Am. Dev. Co. v. Des Moines Sav. & Loan Ass'n
  564 F.2d 808· 8th Cir.· 1977-11-07 ·cited 2×
  The court held that the Bankruptcy Judge did not abuse discretion in determining the amount of compensation awarded to the trustee.
• McArthur Griffin v. State
  350 So. 2d 567· Fla. 3d DCA· 1977-10-11 ·cited 2×
  McArthur Griffin appealed the revocation of his probation, arguing the trial court denied him a fair hearing and effective assistance of counsel by refusing to grant a continuance. The appellate court affirmed the revocation, finding no abuse of discretion in the trial court's de
• Brock v. Brock
  349 So. 2d 782· Fla. 1st DCA· 1977-09-02 ·cited 2×
  In a post-judgment custody modification proceeding, the trial court refused to transfer custody of a minor daughter from the mother to the father despite the mother's cohabitation with an unmarried man who testified falsely. The appellate court affirmed, holding that custody deci
• United States v. Bd. OF Educ. OF Waterbury
  560 F.2d 1103· 2d Cir.· 1977-08-31 ·cited 2×
  The court held that the district court did not abuse its discretion in approving Amicus Plan C for school desegregation, as the school board failed to propose a timely and viable alternative.
• Hamra v. Hamra
  345 So. 2d 1083· Fla. 3d DCA· 1977-04-26 ·cited 2×
• In re Adoption OF Wendy Dee Peterson
  344 So. 2d 638· Fla. 4th DCA· 1977-04-15 ·cited 2×
  This dissenting opinion argues against the majority's decision to transfer custody of a child from the maternal grandparents to the natural father, asserting that the father failed to demonstrate a substantial change in circumstances required for modifying an original custody awa
• Williams v. Tenn. Valley Auth.
  552 F.2d 691· 6th Cir.· 1977-03-28 ·cited 2×
  The court, in a dissenting opinion, would vacate the class certification order and remand for further consideration.
• Jewel Guth v. Guth
  346 So. 2d 81· Fla. 4th DCA· 1977-03-18 ·cited 2×
• In re Guar. Acceptance Corp. v. Fid. Mortg. Invs.
  544 F.2d 449· 10th Cir.· 1976-11-08 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not err in dismissing GAC's Chapter X petition for improper venue, nor did it abuse its discretion by dismissing rather than retaining or transferring the case.
• Nelson v. Dist. Court of the State of Iowa in & for Scott Cnty.
  543 F.2d 631· 8th Cir.· 1976-10-29 ·cited 2×
  The court held that a mistrial declared due to an irreconcilably deadlocked jury, after reasonable deliberation, does not violate the Double Jeopardy Clause, and the trial court did not abuse its discretion.
• Martinez v. State
  333 So. 2d 68· Fla. 1st DCA· 1976-05-24 ·cited 2×
• Romari Corp. v. United States
  531 F.2d 296· 5th Cir.· 1976-05-10 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing Romari's action without prejudice for failure to comply with a discovery order.