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

• Ratner v. Pressman
  235 So. 2d 547· Fla. 3d DCA· 1970-05-19 ·cited 2×
  In a paternity case, the trial court granted the plaintiff's motion for new trial after a jury verdict found the defendant was not the father. The appellate court affirmed the trial court's discretionary decision to grant a new trial based on alleged jury bias and a verdict again
• Cnty. OF Santa Barbara v. Malley
  426 F.2d 171· 9th Cir.· 1970-04-21 ·cited 2×
  The court held that plaintiffs were unlikely to prevail on the merits of their claim for public hearings regarding Outer Continental Shelf permit applications, and thus the district court did not abuse its discretion in denying a preliminary injunction.
• Sherman v. Herman
  233 So. 2d 138· Fla. 3d DCA· 1970-03-20 ·cited 2×
  Sherman sought to intervene in a lawsuit after a final judgment had already been entered, but the trial court denied his motion to intervene. The appellate court affirmed the denial, finding that Sherman's allegations were insufficient under the applicable standard for interventi
• Kirk v. Kirk
  230 So. 2d 694· Fla. 3d DCA· 1970-01-27 ·cited 2×
  This case involves a divorced mother's petition for increased child support and related expenses. The appellate court affirmed the child support amount but modified the order regarding medical and dental expenses and awarded attorney fees to the mother.
• Meissner Eng'rs, Inc. v. Thomas
  421 F.2d 12· 7th Cir.· 1970-01-06 ·cited 2×
  The court held that the district court properly applied correct legal standards in reviewing and reducing attorneys' fees and commissions in a bankruptcy proceeding.
• Dawson v. Johnson
  226 So. 2d 445· Fla. 3d DCA· 1969-09-23 ·cited 2×
  The appellate court affirmed a jury verdict and judgment against Dawson, who was found negligent for a horse-related traffic fatality. The court found substantial evidence supported the verdict and that the trial judge did not abuse discretion in admitting expert testimony.
• Delbert Henry Witt v. United States
  414 F.2d 604· 9th Cir.· 1969-08-06 ·cited 2×·via Abuse Of Discretion Standard For Continuance
  The court held that the appellant's procedural and evidentiary challenges lacked merit, and the conviction for making false statements to secure an FHA loan would be affirmed.
• State Farm Mut. Auto. Ins. Co. v. Nat'l Labor Relations Bd.
  413 F.2d 947· 7th Cir.· 1969-08-01 ·cited 2×
  The court held that the National Labor Relations Board's order for State Farm to bargain with the union representing its claim representatives should be enforced, as the bargaining unit was appropriate.
• Wolper v. Wolper
  225 So. 2d 579· Fla. 3d DCA· 1969-07-08 ·cited 2×
  In this divorce appeal, the wife challenged the trial court's award of lump-sum alimony rather than periodic payments, arguing the judge abused his discretion. The appellate court affirmed the lump-sum award, finding the chancellor properly exercised his discretion in determining
• Smith v. Laskey
  222 So. 2d 773· Fla. 4th DCA· 1969-04-30 ·cited 2×
  A two-year-old child was struck and killed by a truck driven by an employee of the defendants. The mother, as administratrix and surviving parent, brought combined survival and wrongful death actions seeking damages for the child's pain and suffering, loss of estate, and wrongful
• Abelous Mayeaux and Whitney J. Roussell v. Am. Mut. Liab. Ins. Corp.
  409 F.2d 508· 5th Cir.· 1969-04-14 ·cited 2×
  The court held that the trial court did not abuse its discretion in excluding certain evidence and admitting other testimony.
• Jude v. Prudential Ins. Co. OF Am.
  407 F.2d 955· 6th Cir.· 1969-03-06 ·cited 2×·via Abuse Of Discretion In Denying Continuance
  The court held that the jury could reasonably conclude the insurance agent knew of the insured's alcoholism, thus precluding the insurer from voiding the policy based on false answers about drinking habits.
• In re Mathewson
  406 F.2d 406· 3d Cir.· 1969-01-10 ·cited 2×
  The court held that the debtor's argument for unlimited time for rehabilitation in a Chapter XII proceeding is without merit, and the district court did not abuse its discretion in granting extensions.
• Blain v. Blain
  214 So. 2d 521· Fla. 1st DCA· 1968-10-08 ·cited 2×
  The appellate court held that the trial court's custody award to the paternal grandparents was supported by substantial evidence and affirmed the judgment.
• United States v. Cullen Huckaby
  400 F.2d 576· 6th Cir.· 1968-09-17 ·cited 2×
  The court holds that the District Judge did not abuse discretion in denying the motion for a new trial.
• Townsend v. Ross
  396 F.2d 573· 8th Cir.· 1968-06-20 ·cited 2×
  The court held that the trial court did not abuse its discretion in refusing inspection of jury lists and that the plaintiff failed to prove deliberate or systematic exclusion of Negro jurors.
• Aviation Specialties Inc. v. Thompson
  395 F.2d 199· 9th Cir.· 1968-05-14 ·cited 2×
  The District Court did not abuse its discretion in denying the motion for rehearing on the motion to set aside the default judgment.
• United States v. Thrower
  394 F.2d 510· 4th Cir.· 1968-04-29 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motions for continuance.
• Mar. Overseas Corp. v. Puerto RICO Drydock & Marine Terminals, Inc.
  391 F.2d 1010· 1st Cir.· 1968-03-29 ·cited 2×
  The court held that the joint surveys constituted agreements on fixed prices for insurance damage repairs, but remanded for a determination of the reasonableness of subcontractor Abarca's mark-up on owner's account work.
• Va. Airmotive, Ltd. v. Canair Corp.
  393 F.2d 126· 4th Cir.· 1968-03-21 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show immediate and irreparable harm.
• United States Fid. & Guar. Co. v. Perkins
  388 F.2d 771· 10th Cir.· 1968-02-05 ·cited 2×
  The court held that a party cannot amend its pleading as a matter of course after an appeal from an order dismissing the complaint and action has been affirmed, and the trial court properly exercised its discretion in refusing to allow amendments to a terminated case.
• Isauro H. Glorioso v. Immigr. & Naturalization Serv.
  386 F.2d 664· 7th Cir.· 1967-11-27 ·cited 2×
  The court held that the District Director and the Exchange Visitor Waiver Review Board did not abuse their discretion in denying extensions and waiver requests, respectively.
• Drew v. Lawrimore
  380 F.2d 479· 4th Cir.· 1967-06-19 ·cited 2×
  The court held that the district court erred in rejecting the administrative determination of community boundaries because the defendants considered the required factors and did not abuse their discretion.
• United States v. Junior Haskell Cordle
  377 F.2d 522· 6th Cir.· 1967-05-23 ·cited 2×
  The court held that the district judge did not abuse his discretion in refusing to grant a new trial based on newly discovered evidence.
• Carter v. United States
  379 F.2d 147· D.C. Cir.· 1967-03-02 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the admission of parts of an in-custody statement for impeachment and prior convictions for credibility, when considered with the entire record, did not warrant reversal.
• Lovett v. Lovett
  194 So. 2d 916· Fla. 2d DCA· 1967-02-08 ·cited 2×
  The appellate court affirmed a divorce decree, finding no abuse of discretion by the chancellor regarding the divorce, alimony, or child support. The court also granted the appellant's attorney fees for services on appeal.
• Borden v. Borden
  193 So. 2d 15· Fla. 3d DCA· 1966-12-13 ·cited 2×
  Carol Borden appealed from a divorce decree that granted the divorce to her husband, awarded him custody of the minor children and the marital home, and denied her alimony. The Third District affirmed the decree, finding sufficient evidence supported the husband's fitness as cust
• Winn-Dixie Stores, Inc. v. Holmes
  190 So. 2d 19· Fla. 1st DCA· 1966-08-25 ·cited 2×
  This case involves a customer who fell over a magazine display rack in a store. The appellate court affirmed the trial court's decision, finding that issues of negligence and contributory negligence were questions for the jury, and there was no clear abuse of discretion in denyin
• Persian Gulf Outward Freight Conference v. Fed. Mar. Comm'n & United States
  361 F.2d 80· D.C. Cir.· 1966-03-08 ·cited 2×
  The court held that the Commission has the authority to approve multiple rate-making agreements in the same trade, and its decision to approve Conference Agreement No. 8900 was not an abuse of discretion.
• Lane v. Swingspout Measure Co.
  340 F.2d 40· 7th Cir.· 1964-12-15 ·cited 2×
  The court held that a party cannot use Rule 60(b) to reinstate a deliberately withdrawn appeal based on a change of mind about its merits.
• In re J. S. D.
  156 So. 2d 780· Fla. 2d DCA· 1963-10-11 ·cited 2×
  A 16-year-old minor appeals a juvenile court order revoking his probation and reinstating his commitment to the Florida School for Boys. The appellate court affirmed the juvenile court's discretionary decision to revoke probation based on the minor's violation of probation condit
• In re Mathewson v. Mathewson
  311 F.2d 833· 3d Cir.· 1963-01-04 ·cited 2×
  The court held that the referee and district court did not abuse their discretion in approving the trustee's proposed compromise settlement of creditor claims, as it was prudent to eliminate litigation risks.
• Morin v. Bouchard
  311 F.2d 181· 3d Cir.· 1962-12-21 ·cited 2×
  The court held that the Attorney General did not abuse his discretion in denying the appellant's request to withhold deportation, as the record did not demonstrate physical persecution.
• Mosca v. Tressie Faye Mosca
  144 So. 2d 80· Fla. 3d DCA· 1962-09-11 ·cited 2×
  This case involves a husband appealing a divorce decree that granted custody of the children to the wife. The appellate court affirmed the lower court's decision, finding no abuse of discretion in the custody award and no error in denying the wife a divorce on her counterclaim.
• Ohio Fuel GAS Co. & The Mfrs. Light & Heat Co. v. Fed. Power Comm'n
  296 F.2d 594· D.C. Cir.· 1961-11-09 ·cited 2×
  The court held that the Federal Power Commission's order authorizing a new natural gas service and setting its rate was not an abuse of discretion, and reviewing courts have a narrow role in such matters.
• Terhune v. Prudential S.S. Corp.
  283 F.2d 467· 2d Cir.· 1960-10-31 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in dismissing the libel for failure to prosecute, especially given the plaintiff's uncertainty about the vessel and prior dismissals of similar claims.
• In re Columbus Brass & Aluminum Co., Inc. v. Bankruptcy
  283 F.2d 160· 7th Cir.· 1960-10-18 ·cited 2×
  The court held that the appellants had standing to appeal the trustee appointment and that the referee's appointment of the trustee was not an abuse of discretion or a mistake of law.
• Local 180 OF the Int'l Union, United Auto. Aircraft & Agric. Workers OF Am., AFL-CIO v. J. I. Case Co.
  281 F.2d 773· 7th Cir.· 1960-08-10 ·cited 2×·via Abuse Of Discretion Standard For Preliminary Injunctions
  A single circuit judge should not issue an injunction that would effectively decide the merits of an appeal, especially when the trial court has already denied a similar injunction.
• Rankin v. Shayne Bros., Inc.
  280 F.2d 55· D.C. Cir.· 1960-05-26 ·cited 2×
  The court reversed the dismissal of the action, finding that the trial judge had not sufficiently established prejudice from the delay to warrant dismissal.
• Dalmon Davis v. Mrs. Bertha S. Birdsong
  275 F.2d 113· 5th Cir.· 1960-02-29 ·cited 2×
  The dissenting judge holds that the court lacks jurisdiction to consider the merits of the case because the appeal was from a temporary injunction, not a final judgment.
• Mrs. Elsie J. Bowman v. Kerr-McGEE OIL Indus., Inc.
  274 F.2d 426· 5th Cir.· 1960-01-26 ·cited 2×
  The court held that the denial of a new trial was not an abuse of discretion because the jury's finding of no negligence was supported by substantial evidence.
• Weiss Noodle Co. v. Aprile
  272 F.2d 923· 6th Cir.· 1959-12-22 ·cited 2×
  The court held that the district court did not abuse its discretion in entering a default judgment against the plaintiff for failure to answer interrogatories.
• Pepsi-Cola Bottling Co. OF Miami v. Modesta
  107 So. 2d 43· Fla. 3d DCA· 1958-10-28 ·cited 2×
  Pepsi-Cola Bottling Company and Carl Kirby appealed a $100,000 damages judgment for personal injuries from a rear-end collision, primarily challenging the trial judge's denial of their motion to compel a psychiatric examination of the plaintiff. The court affirmed the judgment, h
• United States v. Gunther
  259 F.2d 173· D.C. Cir.· 1958-06-19 ·cited 2×·via Abuse Of Discretion Standard On Appeal
  The dismissal of the indictment for unnecessary delay in bringing the defendant to trial was justified by the unusual circumstances of the case.
• Juliet C. Bryan v. Chalmers F. Groff
  259 F.2d 162· D.C. Cir.· 1958-05-15 ·cited 2×
  The court held that the trial court did not abuse its discretion in granting summary judgment when the appellant's counsel failed to appear for the hearing.
• Jones v. Jones
  250 F.2d 454· 9th Cir.· 1957-12-17 ·cited 2×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the evidence supported the trial court's finding that the father made an oral promise to convey the land to the son, and that the son made substantial improvements in reliance on that promise.
• Johnson v. Stages
  242 F.2d 263· 4th Cir.· 1957-03-07 ·cited 2×
  The court held that the District Judge did not abuse his discretion in awarding $1,250 for services in filing a bankruptcy petition, as the amount was reasonable under the circumstances and no legal error was demonstrated.
• Terral v. Terral
  83 So. 2d 270· Fla.· 1955-11-09 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision awarding custody of three minor children to their father, finding no abuse of discretion or reversible error in the chancellor's ruling.
• Hillside Amusement Co. v. Warner Bros. Pictures Distrib. Corp.
  224 F.2d 629· 2d Cir.· 1955-06-29 ·cited 2×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in dismissing the plaintiff's antitrust claims and denying a new trial, as the findings were supported by evidence and evidentiary rulings were not an abuse of discretion.
• Certain Underwriters at Lloyd's v. Hawthorne Flying Serv.
  63 So. 2d 308· Fla.· 1953-02-27 ·cited 2×
  Lloyd's insurance company sought to require internal inspection of a damaged aircraft engine to establish whether structural damage exceeded the 85% threshold required to trigger coverage under an aircraft insurance policy. The Florida Supreme Court affirmed the trial court's den