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

• Ratkovich v. Smith Kline
  951 F.2d 155· 7th Cir.· 1991-12-27 ·cited 1×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's case with prejudice due to his lack of diligence, failure to comply with discovery, and inability to produce evidence.
• Horace Mann Ins. Co. v. Johnson
  953 F.2d 575· 10th Cir.· 1991-12-17 ·cited 1×
  The dissenting opinion argues that a defendant's counsel's planned vacation rendered the defendant unavailable for trial, thus tolling the speedy trial period and making the denial of discharge proper.
• Larez v. City OF LOS Angeles
  946 F.2d 630· 9th Cir.· 1991-09-27 ·cited 1×
  The court affirmed the denial of a new trial for the six officers but reversed and remanded for a new trial against Chief Gates and the City due to the erroneous admission of hearsay evidence.
• Pathway Fin. v. Miami Int'l Realty Co.
  588 So. 2d 1000· Fla. 3d DCA· 1991-09-10 ·cited 1×·via Reasonableness Test For Abuse Of Discretion
  Pathway Financial (formerly Crawford Savings & Loan) appealed a jury verdict awarding plaintiffs over $5.7 million for breach of contract in a time-share financing arrangement for Colorado condominium units. The appellate court affirmed the finding of breach of contract but rever
• Pub. Serv. Co. OF NEW Hampshire v. Hudson Light & Power Dep't & Peabody Mun. Light Plant
  938 F.2d 338· 1st Cir.· 1991-07-17 ·cited 1×
  The court held that the municipal utilities were incidental, not intended, beneficiaries under the Sellback Agreement and thus lacked standing to enforce it.
• Orta v. Jeri Polas
  579 So. 2d 918· Fla. 3d DCA· 1991-06-04 ·cited 1×
• In re Zick v. Zick
  931 F.2d 1124· 6th Cir.· 1991-05-03 ·cited 1×
  A bankruptcy court may dismiss a Chapter 7 petition for cause, including a lack of good faith, and the debtor's filing was properly dismissed for bad faith given the circumstances.
• In re Byrd, Inc. v. Armand Smith
  927 F.2d 1135· 10th Cir.· 1991-03-12 ·cited 1×
  The court held that the bank's motion for an order to show cause was improper because the subpoenas were invalid, and thus the award of fees and costs under Fed.R.Civ.P. 26(g) was not an abuse of discretion.
• S. Milk Sales, Inc. v. Martin
  924 F.2d 98· 6th Cir.· 1991-01-22 ·cited 1×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff failed to demonstrate irreparable harm and that the issue of injunctive relief under Rule 65 is governed by federal procedural law.
• In re Grantham Bros. v. Needler
  922 F.2d 1438· 9th Cir.· 1991-01-14 ·cited 1×
  The court held that an attorney's collateral attack on a prior bankruptcy court order approving a sale, after objections were withdrawn and the time for appeal had passed, was frivolous and filed for an improper purpose, warranting sanctions under Bankruptcy Rule 9011(a).
• United States v. Norris Grain Co. (In Re Norris Grain Co.)
  131 B.R. 747· M.D. Fla.· 1990-11-27 ·cited 1×
  The court affirmed the bankruptcy court's denial of the IRS's late claim for 1984 income taxes, finding it was a new claim, but allowed the IRS's late claim for 1985 income taxes based on excusable neglect.
• United States v. Brown
  918 F.2d 82· 9th Cir.· 1990-10-31 ·cited 1×
  The court held that a party cannot raise previously rejected constitutional claims as a defense to a contempt order for failing to comply with a summons enforcement order, especially when they failed to meet their burden of proof.
• Paige v. Sandbulte
  917 F.2d 1108· 8th Cir.· 1990-10-29 ·cited 1×·via Abuse Of Discretion Standard On Appeal
  The court held that the defendant failed to establish perjury or fraud sufficient to vacate the judgment under Rule 60(b), and thus the district court did not abuse its discretion in denying the motion.
• Freeman v. Laventhol & Horwath
  915 F.2d 193· 6th Cir.· 1990-09-17 ·cited 1×
  The fraud on the market theory, which presumes reliance on market price, does not apply to a primary market for newly issued municipal bonds because such markets are not efficient.
• Hudspeth v. Comm'r OF Internal Revenue Serv.
  914 F.2d 1207· 9th Cir.· 1990-09-13 ·cited 1×
  The tax court correctly held the tax benefit rule inapplicable but erred in excluding evidence of a prior settlement under Federal Rule of Evidence 408's bias exception.
• United States v. 88.88 Acres OF Land
  907 F.2d 106· 9th Cir.· 1990-07-02 ·cited 1×
  The court affirmed the condemnation award and most of the attorney fees, but vacated the award for lead counsel pending further findings on special factors justifying a higher rate.
• Castellano v. Castellano
  563 So. 2d 142· Fla. 4th DCA· 1990-05-30 ·cited 1×
  In this divorce modification case, the court affirmed a trial court's orders requiring the husband to pay past due private school tuition and child support arrearages totaling $8,100, plus attorney's fees, despite the wife's failure to consult him before enrolling the children. T
• Simons v. State
  555 So. 2d 960· Fla. 1st DCA· 1990-01-24 ·cited 1×
  In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial
• Bell Helmets, Inc. v. Sanchez
  553 So. 2d 782· Fla. 4th DCA· 1989-12-20 ·cited 1×
  Bell Helmets appealed the trial court's denial of its motion for change of venue based on forum non conveniens. The Fourth District reversed, holding that the trial court abused its discretion by denying the motion solely on timeliness grounds without considering the merits, part
• In re Subpoena Served on the Cal. Pub. Utils. Comm'n. S. Cal. Edison Co. v. Westinghouse Elec. Corp.
  892 F.2d 778· 9th Cir.· 1989-12-15 ·cited 1×
  The court held that the CPUC could not invoke the attorney work product privilege under Fed. R. Civ. P. 26(b)(3) as it was not a party to the litigation, and that California's deliberative process and official information privileges did not apply to the requested documents.
• United States v. The Singer Co.
  889 F.2d 1327· 4th Cir.· 1989-11-22 ·cited 1×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to prevent Singer from dissipating assets and in denying Singer's motion to approve certain transactions.
• RYE v. Black & Decker Mfg. Co.
  889 F.2d 100· 6th Cir.· 1989-11-13 ·cited 1×
  The court held that the district court did not abuse its discretion in excluding evidence of prior accidents because they were not substantially similar and their exclusion did not affect a substantial right of the appellant.
• Wilson v. Johns-Manville Sales Corp.
  873 F.2d 869· 5th Cir.· 1989-05-30 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion to set aside the judgment, as the motion was time-barred under Rule 60(b)(3) and the allegations did not constitute 'fraud on the court'.
• Felker v. Felker
  540 So. 2d 927· Fla. 3d DCA· 1989-04-04 ·cited 1×
• In re Daikin Miami Overseas, Inc. v. LEE, Schulte, Murphy & COE, P.A.
  868 F.2d 1201· 11th Cir.· 1989-03-28 ·cited 1×
  The district court did not err in dismissing the appeal because the appellant failed to raise objections to the attorneys' fees in the bankruptcy court, and no exceptions to the rule against raising issues for the first time on appeal applied.
• United States v. Wheeling-Pittsburgh Steel Corp.
  866 F.2d 57· 3d Cir.· 1988-10-12 ·cited 1×
  The court held that the district court abused its discretion by amending a consent decree based on economic considerations, which were explicitly prohibited by prior precedent.
• In re Dep't OF Investigation OF the City OF NEW York v. Bess Myerson
  856 F.2d 481· 2d Cir.· 1988-09-02 ·cited 1×
  The Tyler Commission was an independent, non-prosecutorial entity subject to subpoena under Fed.R.Crim.P. 17(c), and the district court did not abuse its discretion in ruling on the motion to quash.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Hotel Rittenhouse Assocs.
  844 F.2d 1050· 3d Cir.· 1988-04-26 ·cited 1×
  The court held that the developer was not an indispensable party to the contractor's suit to enforce a joint and several arbitration award against the bank, and that the contractor's motion to intervene, while potentially lacking grounds for intervention as of right, should not h
• In re Grand Jury Proceedings Relative TO Norman Perl Occurring on or about 1980
  838 F.2d 304· 8th Cir.· 1988-02-03 ·cited 1×
  The court held that the district court did not abuse its discretion in disclosing certain grand jury documents to civil litigants upon a showing of particularized need that outweighed the need for continued secrecy.
• Ravell Sumler v. Sec'y of Health & Human Servs.
  834 F.2d 711· 8th Cir.· 1987-12-08 ·cited 1×
  The court held that the district court did not abuse its discretion in denying attorney fees under the SSA and EAJA, as the attorney's conduct did not warrant an award.
• Franco v. Franco
  509 So. 2d 405· Fla. 1st DCA· 1987-07-09 ·cited 1×
  In this divorce appeal, the Florida District Court of Appeal reversed the trial court's permanent periodic alimony award as inadequate while affirming the partition of the marital home. After 32 years of marriage, the court found that awarding the wife only $400 per month in alim
• Badertscher v. Resort Interiors
  505 So. 2d 4· Fla. 1st DCA· 1986-12-02 ·cited 1×
  The court held that a party's passive reliance on an attorney who never entered the case does not constitute excusable neglect to set aside a default judgment.
• In re Est. of Victor Hammer
  499 So. 2d 853· Fla. 4th DCA· 1986-11-26 ·cited 1×
• Pac. W. Cable Co. v. City OF Sacramento
  798 F.2d 353· 9th Cir.· 1986-08-20 ·cited 1×
  The court held that the district court did not abuse its discretion in denying Pacific West's motion for a preliminary injunction.
• Guillermina S. Mossman v. Roadway Express, Inc.
  789 F.2d 804· 9th Cir.· 1986-05-15 ·cited 1×
  The court affirmed the imposition of sanctions under Fed.R.Civ.P. 11 but remanded for reconsideration of the amount awarded.
• Lopez v. State
  478 So. 2d 1110· Fla. 3d DCA· 1985-11-12 ·cited 1×
  The court held that expert testimony based on average alcohol absorption rates is admissible, and any error in its admission was harmless.
• United States v. Hsieh HUI MEI Chen and Tsang-Chi Chen
  754 F.2d 817· 9th Cir.· 1985-02-25 ·cited 1×
• Roberto v. Allstate Ins. Co.
  457 So. 2d 1148· Fla. 3d DCA· 1984-10-23 ·cited 1×·via Reasonableness Test For Abuse Of Discretion
  The appellate court held that the trial court did not abuse its discretion in granting a new trial based on newly discovered evidence of fraud regarding the insured's residence.
• Smith v. J.C. Belin
  456 So. 2d 1242· Fla. 1st DCA· 1984-09-19 ·cited 1×
  The court held that the trial court did not abuse its discretion in authorizing the joint venture, even if trustee conflicts existed, as the statute permitted such authorization.
• Carter v. Dolce
  741 F.2d 758· 5th Cir.· 1984-09-14 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiff's independent actions for relief from prior judgments, and thus affirmed the dismissal of the current action as a frivolous attempt to relitigate settled issues.
• Mills v. Lawhon
  448 So. 2d 1162· Fla. 1st DCA· 1984-04-16 ·cited 1×
  Mills, a death row inmate convicted of murder, appealed the denial of his motion to set aside a default judgment in a wrongful death civil suit and the subsequent summary judgment on a creditor's bill filed by the victim's widow. The appellate court affirmed, holding that Mills f
• Minniti v. Minniti
  445 So. 2d 665· Fla. 3d DCA· 1984-02-21 ·cited 1×
• Robinson v. Robinson
  442 So. 2d 383· Fla. 2d DCA· 1983-12-14 ·cited 1×
  In this second appeal of a dissolution of marriage case, the Florida District Court of Appeal reversed the trial court's modified alimony award as still inadequate, and remanded with instructions to award the former wife 25% of monthly note proceeds plus $50 per week permanent al
• Cole v. Cole
  426 So. 2d 68· Fla. 1st DCA· 1983-02-03 ·cited 1×
• Schlesser v. Levinson
  406 So. 2d 1265· Fla. 4th DCA· 1981-12-09 ·cited 1×·via Abuse Of Discretion Standard For New Trial Motions
  Appellants challenged a jury verdict awarding $2,500 damages in a malicious prosecution suit brought by Appellee after Appellee was initially convicted, then acquitted, of assault charges. The Fourth District affirmed the judgment, rejecting arguments that improper evidence influ
• United States v. Castaldo
  667 F.2d 20· 9th Cir.· 1981-11-23 ·cited 1×
  The trial court did not abuse its discretion in refusing to set aside or remit a forfeited bond when the defendant willfully breached conditions and the sureties took no action to apprehend him.
• McINERNEY Ford, Inc. v. LeMIRE
  399 So. 2d 442· Fla. 5th DCA· 1981-06-03 ·cited 1×
• Fla. Homes Constr. Co., Inc. v. Execu*Systems OF Cent. Fla., Inc.
  393 So. 2d 648· Fla. 5th DCA· 1981-02-11 ·cited 1×
  The appellate court affirmed the trial court's attorney's fee award, finding no clear showing of abuse of discretion.
• Hartford Accident & Indem. Co. v. Myrna R. Bosworth et vir.
  382 So. 2d 1345· Fla. 5th DCA· 1980-04-30 ·cited 1×
  Hartford Accident & Indemnity Company appealed a trial court's award of $9,000 in attorneys' fees to the prevailing plaintiff in a personal injury protection coverage dispute. The appellate court held that while the trial court has discretion to award fees consistent with expert
• United States v. Herman
  614 F.2d 369· 3d Cir.· 1980-02-12 ·cited 1×
  The court vacated the district court's order denying a new trial and remanded the case, finding the record inadequate for review and requiring the district court to provide its reasoning.