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

• Pellar v. Granger Asphalt Paving, Inc.
  687 So. 2d 282· Fla. 1st DCA· 1997-01-16 ·cited 1×
  Pellar and Sweetwater appealed a trial court's reduction of their claimed appellate attorney's fees from $10,351.51 to $2,844.61. The court affirmed, holding that the trial court did not abuse its discretion in setting a reasonable fee amount for an uncomplicated appeal where the
• Stephens v. Meininger (In Re Credit Life Corp.)
  184 B.R. 839· M.D. Fla.· 1995-08-01 ·cited 1×
  The court held that the bankruptcy court abused its discretion by denying the motion to annul the automatic stay, and that it was appropriate to lift the stay to allow the state court proceedings to determine ownership of the life insurance policy.
• Cont'l Cas. Co. v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  165 B.R. 685· S.D. Fla.· 1994-03-15 ·cited 1×
  The court held that any initial due process violations suffered by CCC were cured by subsequent hearings, that the bankruptcy court did not abuse its discretion in granting nunc pro tunc relief, and that the court had jurisdiction to issue the orders.
• JOY v. Bell Helicopter Textron, Inc.
  999 F.2d 549· D.C. Cir.· 1993-07-27 ·cited 1×
  The court held that evidence of other SAG failures was admissible and jury instructions on product liability were proper, but reversed a damages award for loss of consortium and certified a question regarding the District of Columbia's liability for the rescue effort.
• Craddock v. Immigr. & Naturalization Serv.
  997 F.2d 1176· 6th Cir.· 1993-07-12 ·cited 1×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying petitioner's request for a waiver from deportation.
• GWN Petroleum Corp. v. Ok-Tex OIL & GAS, Inc.
  998 F.2d 853· 10th Cir.· 1993-07-09 ·cited 1×
  The court held that a garnishment action against the FDIC is barred by federal statutes (12 U.S.C. §§ 1821(d)(13)(C), 1823(d)(3)(A), and 1825(b)(2)) which prohibit involuntary liens and garnishments against FDIC property without its consent. The court also found no abuse of discr
• Merrill Lynch v. Salvano
  999 F.2d 211· 7th Cir.· 1993-07-08 ·cited 1×
  The court held that a district court has the authority to grant a temporary restraining order in an arbitrable dispute to preserve the status quo, but this authority does not extend indefinitely once arbitration has commenced.
• Yanez-Popp v. U.S. Immigr. & Naturalization Serv.
  998 F.2d 231· 4th Cir.· 1993-07-08 ·cited 1×
  A Maryland 'probation without judgment' for a controlled substance offense constitutes a 'conviction' for federal immigration purposes under the Ozkok standard, even if state law does not consider it a conviction for state purposes.
• Minnette v. Time Warner
  997 F.2d 1023· 2d Cir.· 1993-06-30 ·cited 1×
  The court held that while the district court abused its discretion in dismissing the case on procedural grounds, it would exercise its authority to transfer the case to the proper venue to serve the interest of justice and judicial economy.
• Forbush v. J.C. Penney Co., Inc.
  994 F.2d 1101· 5th Cir.· 1993-06-25 ·cited 1×
  The dissenting judge believes the majority erred in accepting the common issue for a Rule 23(b)(2) class action, finding it sweeps too broadly.
• S. Farm Bureau Life Ins. Co. v. Lou Ann Moore
  993 F.2d 98· 5th Cir.· 1993-06-15 ·cited 1×
  The court held that the abuse of discretion standard of review applies to a plan administrator's factual determination of cause of death under an ERISA plan, and that the policy exclusion for death contributed to by disease applied even if an accident was the proximate cause.
• In re the Search OF 1638 E. 2ND St. v. United States
  993 F.2d 773· 10th Cir.· 1993-05-20 ·cited 1×
  The court held that the informer's privilege, asserted to protect an informant from reprisal, outweighs the appellant's asserted right of access to the affidavit supporting a search warrant, especially when a redacted version has been provided.
• Eustacio Martinez v. Shinn
  992 F.2d 997· 9th Cir.· 1993-05-11 ·cited 1×
  The court held that the statutory damages awarded under MSAWPA and emotional distress damages were not excessive or improperly awarded, and that the defendants waived certain arguments by failing to raise them in the lower court.
• United States v. Rahm
  993 F.2d 1405· 9th Cir.· 1993-05-11 ·cited 1×
  The court held that the trial court did not err in excluding the psychologist's testimony because it was not appreciably helpful to the jury and the error, if any, was harmless.
• Lundquist v. Sec. Pac. Auto. Fin. Servs. Corp.
  993 F.2d 11· 2d Cir.· 1993-05-06 ·cited 1×
  The court affirmed the denial of class certification, finding the class definition too broad, and affirmed the partial summary judgment for the plaintiff, finding the lease disclosures violated the Consumer Leasing Act.
• Interstate Power Co. v. Kan. City Power & Light Co.
  992 F.2d 804· 8th Cir.· 1993-05-06 ·cited 1×
  The court held that the district court abused its discretion in certifying the dismissal of KCPL's third-party contribution claim for immediate appeal under Rule 54(b).
• Eliezer Moshe Malek and Malke Malek v. Fed. Ins. Co.
  994 F.2d 49· 2d Cir.· 1993-04-30 ·cited 1×
  The court held that the district court committed several evidentiary errors, including excluding relevant testimony, improperly sequestering an expert witness, and allowing impeachment based on religious beliefs, which cumulatively prejudiced the plaintiffs and affected the subst
• United States v. Anthony Medina (91-1852)
  992 F.2d 573· 6th Cir.· 1993-04-12 ·cited 1×
  The dissenting judge believes the Double Jeopardy Clause bars prosecution for using a telephone to facilitate a drug transaction when the defendant was already prosecuted for the underlying drug possession.
• Mille Lacs Band OF Chippewa Indians v. State OF Minn.
  989 F.2d 994· 8th Cir.· 1993-04-05 ·cited 1×
  The court held that the district court abused its discretion in denying the landowners' motion to intervene as untimely and that neither the counties nor the landowners had their interests adequately represented by the existing parties, thus reversing the denial of their motions
• Colonial Daytona Ltd. P'ship v. Am. Sav. of Fla.
  152 B.R. 996· M.D. Fla.· 1993-04-01 ·cited 1×
  The court affirmed the bankruptcy court's dismissal of the Chapter 11 petition for bad faith filing and granted the appellant's motion to strike exhibits from the record.
• Ali Abdul-Habib Hakeem v. Beyer
  990 F.2d 750· 3d Cir.· 1993-03-31 ·cited 1×
  The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
• Soler v. Waite
  989 F.2d 251· 7th Cir.· 1993-03-24 ·cited 1×
  The court affirmed the district court's denial of a motion for reconsideration of a new trial and the award of costs, finding no abuse of discretion.
• United States v. Brown
  988 F.2d 658· 6th Cir.· 1993-03-19 ·cited 1×
  The court held that the 1990 amendment to 18 U.S.C. § 1345 did not limit the district court's authority to freeze assets in civil fraud cases not involving banking law violations. However, the court remanded because the district court froze untainted assets along with those trace
• Mary Mayer (92-1363) v. Mylod
  988 F.2d 635· 6th Cir.· 1993-03-11 ·cited 1×
  The court held that plaintiffs' securities fraud claims were improperly dismissed under Rule 12(b)(6) because statements of opinion, if not genuinely believed or factually supported, can be actionable. However, the court affirmed the denial of class certification, finding no abus
• Yagman v. Republic Ins.
  987 F.2d 622· 9th Cir.· 1993-03-04 ·cited 1×
  The court held that the prior trial judge's actions did not create an appearance of bias necessitating recusal, but vacated sanctions imposed on the attorney for mischaracterizing a legal action and for alleged disobedience of a court order.
• City OF E. ST. Louis & Carl Officer v. Cir. Court FOR the Twentieth Jud. Cir.
  986 F.2d 1142· 7th Cir.· 1993-02-25 ·cited 1×
  The court affirmed the district court's imposition of sanctions against counsel for filing a frivolous lawsuit lacking subject matter jurisdiction.
• Nikon Inc. v. Ikon Corp.
  987 F.2d 91· 2d Cir.· 1993-02-25 ·cited 1×·via Abuse Of Discretion Standard For Injunctions
  The court held that Ikon Photographic Corp. infringed upon Nikon Inc.'s trademarks under the Lanham Act and New York law, and that a recall of Ikon's products was appropriate.
• Morgan v. Sec'y OF Hous. & Urban Dev.
  985 F.2d 1451· 10th Cir.· 1993-02-18 ·cited 1×
  The court held that the Fair Housing Act's familial status provisions are constitutional and that the administrative law judge's finding of discrimination regarding the Sarno home sale was supported by substantial evidence, but reversed the award of damages for inconvenience and
• Gulley v. Gulley
  614 So. 2d 13· Fla. 1st DCA· 1993-02-16 ·cited 1×
• Del P. Henry, Jr. v. Gill Indus., Inc.
  983 F.2d 943· 9th Cir.· 1993-01-12 ·cited 1×
  The court held that dismissal with prejudice was a proper sanction for repeated discovery violations, and that a counterclaim was frivolous and properly dismissed on summary judgment.
• Campbell v. Blodgett
  982 F.2d 1356· 9th Cir.· 1993-01-04 ·cited 1×
  The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.
• United States v. Windsor
  981 F.2d 943· 7th Cir.· 1992-12-09 ·cited 1×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not commit plain error by failing to instruct the jury on a lesser included offense, nor was there ineffective assistance of counsel or an abuse of discretion in denying a continuance.
• United States v. Ford 250 Pickup 1990
  980 F.2d 1242· 8th Cir.· 1992-12-08 ·cited 1×
  The court held that the district court did not abuse its discretion in striking the claimant's claim and entering default judgment because the claimant failed to strictly comply with procedural rules and lacked standing.
• Ripalda v. Am. Operations Corp.
  977 F.2d 1464· D.C. Cir.· 1992-10-20 ·cited 1×
  The court held that the district court abused its discretion in dismissing the case as a sanction for attorney misconduct and erred in finding a lack of diversity jurisdiction based on a dissolved corporation's citizenship.
• In re Harold & Williams Dev. Co. v. United States Trustee
  977 F.2d 906· 4th Cir.· 1992-10-20 ·cited 1×
  The court held that bankruptcy courts must exercise discretion on a case-by-case basis when considering dual attorney-accountant appointments, rather than applying a per se rule.
• United States v. Cruz-Jiminez
  977 F.2d 95· 3d Cir.· 1992-10-19 ·cited 1×
  The court held that the district court abused its discretion by denying a writ of habeas corpus ad testificandum without adequately determining the materiality and favorability of the prospective witness's testimony.
• United States v. Cent. Gulf Lines, Inc.
  974 F.2d 621· 5th Cir.· 1992-10-09 ·cited 1×
  The court held that survey reports and quarantine certificates were admissible hearsay exceptions and that the carrier failed to rebut the prima facie case of cargo damage. However, the court reversed the district court's finding that the United States lacked standing on four cla
• W.L. Gore & Assocs., Inc. v. Int'l Med. Prosthetics Research Assocs., Inc.
  975 F.2d 858· Fed. Cir.· 1992-09-16 ·cited 1×
  The court held that a patent infringement claim, even with an unadjudicated bifurcated defense, can be finally adjudicated and certified for appeal under Rule 54(b) if dispositive defenses have been resolved.
• United States v. Davis
  974 F.2d 182· D.C. Cir.· 1992-09-08 ·cited 1×
  The court held that prosecutorial statements about perjury, the trial court's reading of testimony, and a transcription error did not constitute reversible error, and the evidence was sufficient to support the conviction.
• Roberts v. Abrunzo
  604 So. 2d 564· Fla. 2d DCA· 1992-08-28 ·cited 1×
• DOE v. Cutter Biological, Inc.
  971 F.2d 375· 9th Cir.· 1992-07-29 ·cited 1×·via Abuse Of Discretion (Appellate Review)
  The court held that the district court erred in granting summary judgment because Hawaii law, as clarified by the Hawaii Supreme Court, permits claims based on market share liability and negligence, and genuine issues of material fact exist regarding the defendants' knowledge and
• Young v. Cent. Intelligence Agency
  972 F.2d 536· 4th Cir.· 1992-07-23 ·cited 1×
  The court held that the district court did not abuse its discretion in refusing to conduct an in camera inspection of documents or in quashing a subpoena duces tecum.
• In re Elmwood Dev. Co. v. Gen. Elec. Pension Tr.
  964 F.2d 508· 5th Cir.· 1992-07-02 ·cited 1×
  A serial Chapter 11 bankruptcy petition is not per se invalid, but it may be dismissed if not filed in good faith, particularly if it attempts to evade restrictions on modifying a substantially consummated plan.
• Fed. Deposit Ins. Corp. v. Gary J. Knostman for the Chapter 7 Est. of Itex Energy Corp.
  966 F.2d 1133· 7th Cir.· 1992-07-02 ·cited 1×
  The court held that the district court did not abuse its discretion in granting the FDIC leave to amend its complaint, that the amendment related back to the original filing date, and that the FDIC was entitled to the escrowed funds.
• Mariluz Rosario v. Anthanasios Livaditis
  963 F.2d 1013· 7th Cir.· 1992-05-13 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the jury's verdict of zero damages for RICO violations, despite finding liability, was contrary to law, and the trial court abused its discretion in denying a new trial on damages for those counts. The court affirmed class certification, discovery rulings, and
• Datascope Corp. v. Smec, Inc.
  962 F.2d 1043· Fed. Cir.· 1992-04-29 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to amend its complaint to add the defendant's president as a party, due to undue delay and prejudice.
• Lenaghan v. Pepsico, Inc.
  961 F.2d 1250· 6th Cir.· 1992-04-20 ·cited 1×
  The court held that a district court abused its discretion by refusing to grant relief from a judgment entered due to a late rejection of a mediation panel's evaluation, where the delay resulted from an excusable misreading of an ambiguous local rule and caused no prejudice to th
• Brown v. Rauscher Pierce Refsnes, Inc.
  796 F. Supp. 496· M.D. Fla.· 1992-04-07 ·cited 1×
  The court denied the plaintiffs' motion to vacate the arbitration award and granted the defendants' motions to confirm the award.
• United States v. Almonte
  956 F.2d 27· 2d Cir.· 1992-02-04 ·cited 1×
  The court held that a third party's notes of a witness's statement are not admissible as a prior inconsistent statement unless they are a verbatim transcript or the witness has subscribed to the characterization, and the burden is on the proponent to prove this.
• Standard Havens Prods., Inc. v. Gencor Indus., Inc.
  953 F.2d 1360· Fed. Cir.· 1991-12-31 ·cited 1×
  The court held that the district court did not err in denying motions for judgment notwithstanding the verdict or a new trial regarding patent anticipation, obviousness, and infringement. However, the patent damage award was vacated and remanded for redetermination.