Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Sears
  663 F.2d 896· 9th Cir.· 1981-12-14 ·cited 40×
  The court held that the district court did not abuse its discretion in denying motions to dismiss a juror, sever the trial, or suppress evidence, and that sufficient evidence supported the convictions.
• In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. The City OF Long Beach for the State of Cal. v. Standard OIL Co. OF Cal.
  658 F.2d 1355· 9th Cir.· 1981-10-13 ·cited 40×
  An order granting disqualification of counsel is appealable under the collateral order doctrine, and in this case, the district court's order was not supported by sufficient grounds under Canon 9, especially in light of the Upjohn decision.
• United States v. Miranda-Uriarte
  649 F.2d 1345· 9th Cir.· 1981-07-06 ·cited 40×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admission of coconspirator statements was proper, the evidence was sufficient to convict, and the trial court did not err in its rulings on jury instructions, evidence admission, or cross-examination.
• Int'l Ass'n OF MacHinists & Aerospace Workers v. Tex. Steel Co.
  639 F.2d 279· 5th Cir.· 1981-03-13 ·cited 40×
  The court held that the company's refusal to abide by the arbitration award was without justification, and the district court abused its discretion in refusing to award attorneys' fees to the Union.
• Carter v. City OF Memphis
  636 F.2d 159· 6th Cir.· 1980-12-29 ·cited 40×
  The trial court's dismissal of the case with prejudice was not an abuse of discretion, as the plaintiff's attorney failed to prosecute the case responsibly and did not file a Rule 60(b) motion.
• Farrington v. Prince Farrington
  390 So. 2d 461· Fla. 3d DCA· 1980-11-25 ·cited 40×
  In this dissolution of marriage case, the Third District Court of Appeal reversed the trial court's orders requiring partition and sale of the marital home and business properties, but affirmed awards of child support, denial of special equity, and denial of alimony and attorney'
• Nilsen v. The City OF Moss Point
  621 F.2d 117· 5th Cir.· 1980-07-07 ·cited 40×
  The court held that the plaintiff failed to comply with statutory limitations periods for Title VII actions and that the district court did not abuse its discretion in denying motions to amend.
• United States v. Noll
  600 F.2d 1123· 5th Cir.· 1979-08-13 ·cited 40×·via Abuse Of Discretion Standard For Sentencing
  The court held that the appellant's contentions regarding speedy trial, hearsay admissibility, entrapment, codefendant testimony, sufficiency of evidence, and sentencing were meritless, affirming his conviction.
• Blizard v. Frechette
  601 F.2d 1217· 1st Cir.· 1979-06-29 ·cited 40×
  The court held that the trial judge did not abuse his discretion in denying the motion to recuse, nor was a new trial required, and that the evidentiary rulings were not reversible error.
• Kermit Hodge v. Seiler
  558 F.2d 284· 5th Cir.· 1977-08-29 ·cited 40×·via Abuse Of Discretion Standard For Costs
  The court held that the HUD investigative report was admissible, that Mrs. Hodge was entitled to damages, attorney's fees, and costs, and that Mr. Hodge was entitled to attorney's fees, while affirming the denial of transportation costs.
• United States v. Poulack
  556 F.2d 83· 1st Cir.· 1977-05-26 ·cited 40×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying a continuance to allow the defendant to be represented by his preferred counsel, balancing the defendant's right to counsel against the need for an orderly and speedy trial. The court also held that the s
• Dong Hyung LEE v. Immigr. & Naturalization Serv.
  550 F.2d 554· 9th Cir.· 1977-03-24 ·cited 40×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying relief from a deportation order.
• Dunlop v. Rockwell Int'l (formerly N. Am. Rockwell Corp.) & the Occupational Safety & Health Review Comm'n
  540 F.2d 1283· 6th Cir.· 1976-08-26 ·cited 40×
  The court held that the Commission's decision to vacate the citation and abatement order was arbitrary, capricious, and an abuse of discretion because it ignored significant employee testimony regarding dust conditions and system malfunctions.
• Sadowski v. Bombardier Ltd.
  539 F.2d 615· 7th Cir.· 1976-07-22 ·cited 40×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a new trial and relief from judgment, nor in refusing to submit special verdict forms or a contributory negligence instruction.
• Stradley v. Cortez
  518 F.2d 488· 3d Cir.· 1975-06-05 ·cited 40×
  The district court lacked jurisdiction to grant a new trial under Rule 59 and abused its discretion under Rule 60(b)(6) because the plaintiff's motion was untimely and lacked extraordinary circumstances.
• Dade Cnty. v. Oolite Rock Co.
  311 So. 2d 699· Fla. 3d DCA· 1975-04-01 ·cited 40×
  Dade County appeals from an order awarding attorney's fees to defendants in an eminent domain action that was voluntarily dismissed before trial on the necessity issue. The court reversed the fee awards as excessive, finding fees of $909-$993 per hour unreasonable where the quant
• United States v. Baker
  494 F.2d 1262· 6th Cir.· 1974-04-11 ·cited 40×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the evidence was insufficient to establish beyond a reasonable doubt that the alleged threat specifically related to the witness's testimony in a pending federal proceeding, and that the trial court abused its discretion by unduly limiting cross-examination re
• Bufalino v. Immigr. & Naturalization Serv.
  473 F.2d 728· 3d Cir.· 1973-01-30 ·cited 40×
  The court held that the government's affidavit and witness testimony sufficiently complied with 18 U.S.C. § 3504, and the petitioner's claims of tainted evidence were not adequately demonstrated to warrant reopening deportation proceedings.
• von Poppenheim v. Portland Boxing & Wrestling Comm'n
  442 F.2d 1047· 9th Cir.· 1971-05-17 ·cited 40×
  The court held that the district judge did not abuse his discretion in dismissing the plaintiff's action with prejudice for repeated failure to comply with court orders regarding pretrial statements and discovery.
• United States v. Sambro
  454 F.2d 918· D.C. Cir.· 1971-04-02 ·cited 40×
  A district court's refusal to allow a defendant to withdraw a guilty plea before sentencing will be affirmed unless the court abused its discretion, and misunderstanding of collateral consequences like deportation does not constitute an abuse of discretion.
• Gena v. Immigr. & Naturalization Serv.
  424 F.2d 227· 5th Cir.· 1970-02-25 ·cited 40×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the motion to reopen deportation proceedings because the alien failed to provide new evidence or affidavits within the allotted time.
• United States v. Frazier
  394 F.2d 258· 4th Cir.· 1968-04-15 ·cited 40×·via Abuse Of Discretion Standard For Severance
  The court held that the trial judge did not abuse discretion in denying severance motions and refusing an in camera inspection of the government file, and that sufficient evidence supported the convictions.
• Mrs. T. H. Duncan (C. W. Duncan v. Duncan
  377 F.2d 49· 6th Cir.· 1967-05-04 ·cited 40×
  The court held that the district judge abused his discretion by granting a new trial based on the verdict being against the weight of the evidence, as the jury's verdict was reasonable and supported by the evidence presented.
• Tex. Gulf Sulphur Co. v. The Honorable Willis W. Ritter
  371 F.2d 145· 10th Cir.· 1967-01-03 ·cited 40×
  The court held that the trial judge did not abuse discretion in denying a motion to transfer venue and in overruling a motion to quash service of summons.
• E. L. Farmer & Co. v. Hooks
  239 F.2d 547· 10th Cir.· 1956-11-26 ·cited 40×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the defendant owed the plaintiff a duty of reasonable care under the circumstances, and the jury's findings on contributory negligence and assumption of risk were supported by the evidence.
• Peterman v. Indian Motorcycle Co.
  216 F.2d 289· 1st Cir.· 1954-10-28 ·cited 40×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that a notice of appeal from a final judgment brings up for review errors in the judgment, and a separate appeal from an order denying a post-judgment motion for a new trial is only necessary if the motion presents new matters not before the court at judgment.
• Fischer v. United States
  212 F.2d 441· 10th Cir.· 1954-04-29 ·cited 40×·via Abuse Of Discretion Standard On Appeal
  The court held that the admission of evidence, jury instructions, and denial of a bill of particulars were not erroneous, affirming the conviction.
• Beckman v. State
  230 So. 3d 77· Fla. 3d DCA· 2017-09-06 ·cited 39×
  Jason Beckman, a 17-year-old convicted of first-degree premeditated murder for shooting his father, appeals claiming trial court errors in admitting evidence and improper closing arguments, and contending Florida's juvenile sentencing statute violates the Sixth Amendment under Ap
• R.J. Reynolds Tobacco Co. v. Marvine Calloway
  201 So. 3d 753· Fla. 4th DCA· 2016-09-23 ·cited 39×
  In this tobacco products liability case, the Florida Fourth District Court of Appeal reversed a multi-million dollar judgment against tobacco companies and remanded for a new trial, holding that plaintiff's counsel's numerous inflammatory and improper closing arguments created a
• Empire World Towers, LLC v. CDR Créances
  89 So. 3d 1034· Fla. 3d DCA· 2012-05-30 ·cited 39×
  The Cohens and their corporate entities appealed from a default judgment imposed as a sanction for fraud upon the court, where they orchestrated an elaborate scheme involving forged documents, perjured testimony, and suborned witness perjury to conceal their ownership of offshore
• R.J. Reynolds Tobacco Co. v. Diane Webb for the Estate of James Cayce Horner
  93 So. 3d 331· Fla. 1st DCA· 2012-04-09 ·cited 39×
  R.J. Reynolds Tobacco Company appealed a $79.2 million wrongful-death verdict in favor of Diane Webb as personal representative of her father's estate, who died of lung cancer allegedly caused by smoking RJR cigarettes. The court affirmed liability but vacated and remanded the da
• Gallagher v. Dupont
  918 So. 2d 342· Fla. 5th DCA· 2005-12-09 ·cited 39×
  Dupont sought to enforce a federal civil rights judgment against the Risk Management Trust Fund through mandamus and garnishment after the Fund refused to defend its insured employee's estate in the underlying suit. The court reversed summary judgment for the Fund, holding that a
• Maxwell v. State
  892 So. 2d 1100· Fla. 2d DCA· 2004-11-05 ·cited 39×
  Tony Maxwell was convicted of cocaine possession and sale after representing himself at trial following discharge of court-appointed counsel. The appellate court reversed because the trial court failed to conduct the preliminary inquiry required by Nelson v. State before permitti
• Fla. Dep't of Agric. & Consumer Servs. v. City OF Pompano Beach
  829 So. 2d 928· Fla. 4th DCA· 2002-09-25 ·cited 39×
  The Florida Department of Agriculture challenged a trial court's certification of a class action by citrus tree owners seeking damages for trees destroyed under a citrus canker eradication program. The Fourth District affirmed the class certification but reversed the inclusion of
• Weinstein v. Yoram Aisenberg
  758 So. 2d 705· Fla. 4th DCA· 2000-03-09 ·cited 39×
  A temporary injunction to freeze bank assets in a conversion action is improper where the plaintiff has an adequate remedy at law in the form of money damages, notwithstanding allegations that the defendant may dissipate assets and render a money judgment uncollectible.
• Dep't of Health & Rehabilitative Servs. v. J.B.
  675 So. 2d 241· Fla. 4th DCA· 1996-06-19 ·cited 39×·via Abuse Of Discretion Standard For Discovery Rulings
  HRS appeals a $14.5 million jury verdict for negligence in child abuse investigation, arguing the trial court abused its discretion by allowing expert testimony about damages based on information disclosed after the discovery cutoff date. The appellate court found abuse of discre
• Williams v. Fla. Parole Comm'n
  625 So. 2d 926· Fla. 1st DCA· 1993-10-15 ·cited 39×
  Billy Williams, an inmate whose presumptive parole release date (PPRD) of July 16, 1990 was suspended by the Florida Parole Commission, sought a writ of mandamus to compel reconsideration of his parole eligibility. The First District Court of Appeal reversed the circuit court's d
• United States v. Obregon
  893 F.2d 1307· 11th Cir.· 1990-02-09 ·cited 39×
  The court held that while the prosecutor's opening statements were improper, they were not unfairly prejudicial, and the evidence was sufficient to convict the appellants.
• United States v. Manner
  887 F.2d 317· D.C. Cir.· 1989-10-17 ·cited 39×
  The court held that the trial court erred in admitting evidence of Leeper's later drug sale without an on-record balancing of its probative value against its prejudicial effect, remanding for this determination. The court affirmed the denial of Manner's motion to sever and his mo
• McCULLOCH v. Albert E. Price, Inc.
  823 F.2d 316· 9th Cir.· 1987-07-28 ·cited 39×
  The court held that the district court did not err in finding copyright infringement based on substantial similarity, but reversed and remanded the issue of attorney's fees for an express finding on the basis of the award.
• United States v. Zimmerman
  832 F.2d 454· 8th Cir.· 1987-04-14 ·cited 39×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to support the jury's verdict, the jury instructions were proper, the tape-recorded evidence was admissible, and the denial of the mistrial motion was not an abuse of discretion.
• The Firestone Tire & Rubber Co. v. Neusser
  810 F.2d 550· 6th Cir.· 1987-02-02 ·cited 39×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the Akron municipal income tax ordinance is not preempted by ERISA because it is a neutral tax of general application, but reversed the award of attorney's fees to the defendant, finding an abuse of discretion.
• TWM Mfg. Co., Inc. v. Dura Corp. & Kidde, Inc.
  789 F.2d 895· Fed. Cir.· 1986-04-25 ·cited 39×
  The court held that the damages awarded for patent infringement, including a reasonable royalty, lost profits, diminished sales prices, special discounts, and enhanced damages, were not an abuse of discretion and were supported by the evidence.
• United States v. Mitchell
  788 F.2d 1232· 7th Cir.· 1986-04-16 ·cited 39×·via Abuse Of Discretion Standard For Severance
  The court held that allowing a defendant to proceed pro se with standby counsel, despite a less than exhaustive warning about the dangers of self-representation, was not reversible error, and that the denial of severance and the sentence imposed were proper.
• United States v. Domina
  784 F.2d 1361· 9th Cir.· 1986-03-17 ·cited 39×
  The court should have applied the Supreme Court's test for identification reliability to in-court suggestive identification procedures, which would have led to the conclusion that the appellant was denied a fair trial.
• United States v. Flynt
  756 F.2d 1352· 9th Cir.· 1985-03-28 ·cited 39×
  The court held that the denial of a continuance to obtain psychiatric evaluation and the subsequent use of summary contempt proceedings were abuses of discretion.
• Jones v. Cent. Soya Co., Inc.
  748 F.2d 586· 11th Cir.· 1984-12-10 ·cited 39×
  The court held that 'total success' alone does not constitute 'exceptional success' justifying an enhanced attorney fee award, and that a 'practical risk' of nonpayment due to client indigency does not warrant enhancement without a true contingency fee agreement.
• Welch v. The Univ. OF Tex. & ITS Marine Sci. Inst.
  659 F.2d 531· 5th Cir.· 1981-10-15 ·cited 39×
  The court affirmed the district court's judgment, finding no merit in the university's appeal regarding constructive discharge and the employee's cross-appeal on damages and attorney fees.
• Carlton v. H. C. Price Co. & Roger Dale Moyers
  640 F.2d 573· 5th Cir.· 1981-03-16 ·cited 39×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that prejudgment interest on future medical damages is permissible under Alaska law, but reduced the jury's awards for future medical expenses to the maximum amounts supported by the evidence, and remanded for redetermination of attorney's fees.
• Ashley v. State
  370 So. 2d 1191· Fla. 3d DCA· 1979-05-01 ·cited 39×
  Jimmy Lee Ashley was convicted of involuntary sexual battery, burglary, robbery, and unlawful possession of a firearm while engaged in a criminal offense. On appeal, the Florida District Court of Appeal reversed the sentences on counts 1-3 and partially struck the sentence on cou