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

• Ramirez v. Immigr. & Naturalization Serv.
  550 F.2d 560· 9th Cir.· 1977-03-25 ·cited 39×
  The court held that the petitioner was not denied due process rights and that the denial of voluntary departure was not an abuse of discretion.
• Grunewald v. Mo. Pac. R.R. Co.
  331 F.2d 983· 8th Cir.· 1964-05-22 ·cited 39×
  The court held that the district court did not abuse its discretion in dismissing the case for failure to prosecute, considering the extensive history of continuances and the plaintiff's actions.
• Williams v. United States
  192 F.2d 39· 5th Cir.· 1951-11-08 ·cited 39×
  The trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Jenkins v. S. David Anton, PA
  922 F.3d 1257· 11th Cir.· 2019-04-29 ·cited 38×
  The Eleventh Circuit affirmed the district court's denial of the employee's motions for relief, finding no abuse of discretion in denying a new trial or amendment of judgment based on newly discovered evidence or strategic litigation choices.
• Jarrard v. Jarrard
  157 So. 3d 332· Fla. 2d DCA· 2015-01-07 ·cited 38×
  James Jarrard appeals the trial court's denial of his petition to modify alimony, which found he failed to establish a permanent substantial change in circumstances. The appellate court reverses, holding that Jarrard met his burden by demonstrating a more than 50% reduction in in
• Bardowell v. Bardowell
  975 So. 2d 628· Fla. 4th DCA· 2008-03-05 ·cited 38×
  Patricia Bardowell appeals a final judgment of dissolution of marriage, challenging the trial court's equitable distribution of marital assets and alimony award. The appellate court finds the trial court abused its discretion by assigning only nominal value to the husband's Flori
• Miller v. Miller
  842 So. 2d 168· Fla. 1st DCA· 2003-03-04 ·cited 38×
  In this family law appeal, the Wife challenges the trial court's designation of the Husband as primary residential custodian of the parties' minor children in a dissolution of marriage. The appellate court affirmed the trial court's custody determination, finding it supported by
• G.C. v. Dep't of Child. & Families
  791 So. 2d 17· Fla. 5th DCA· 2001-03-30 ·cited 38×
  Parents appealed a dependency order finding their two daughters dependent on the state based on alleged sexual abuse by the father and mental abuse by the mother. The appellate court affirmed the finding of sexual abuse but reversed the mental abuse finding against the mother, ho
• State v. Hart
  632 So. 2d 134· Fla. 4th DCA· 1994-02-09 ·cited 38×
  The appellate court affirmed the trial court's order granting a new trial because the trial judge did not abuse discretion in finding the verdict contrary to the weight of the evidence.
• United States v. Glecier
  923 F.2d 496· 7th Cir.· 1991-01-08 ·cited 38×
  The court held that the indictment was sufficiently specific to satisfy constitutional and federal rule requirements for a RICO conspiracy charge, and that the trial court did not abuse its discretion in its evidentiary rulings.
• United States v. Bigelow
  914 F.2d 966· 7th Cir.· 1990-09-28 ·cited 38×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the convictions of all defendants but vacated their sentences, remanding for resentencing consistent with the Sentencing Guidelines. The court found the 'ostrich instruction' appropriate for Lima, Bigelow's hearsay objections meritless, Vaughan's due process ch
• NEW Burnham Prairie Homes v. Vill. OF Burnham
  910 F.2d 1474· 7th Cir.· 1990-08-21 ·cited 38×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court properly granted summary judgment on the RICO, due process, and equal protection claims, and that evidentiary and instructional rulings during the trial of the racial discrimination claims were not an abuse of discretion.
• Fleming v. Cnty. OF Kane
  898 F.2d 553· 7th Cir.· 1990-03-27 ·cited 38×
  The court held that the district court did not abuse its discretion in excluding evidence regarding the propriety of the Orchard Road project, and affirmed the denial of the motion for a new trial, but modified the damages award for lost wages.
• Jardien v. Winston Network
  888 F.2d 1151· 7th Cir.· 1989-10-31 ·cited 38×
  The court affirmed the jury's verdict on the merits of the age discrimination claim but remanded for a redetermination of attorneys' fees due to inadequate scrutiny of duplicative time.
• United States v. Smith
  869 F.2d 348· 7th Cir.· 1989-02-21 ·cited 38×
  The court held that spectrographic voice identification expert testimony is admissible under the Frye standard if a proper foundation is laid, and that the defendant's Confrontation Clause rights were not violated by the use of a substitute expert who relied on spectrograms prepa
• United States v. U.S. Currency
  863 F.2d 555· 7th Cir.· 1988-12-21 ·cited 38×
  The court held that the district court abused its discretion by denying claimants an extension of time to file an amended verified claim, as the claimants had provided notice of their interest and the government would not be prejudiced.
• Schrand v. Fed. Pac. Elec. Co.
  851 F.2d 152· 6th Cir.· 1988-07-05 ·cited 38×
  The court held that the district court erred in admitting testimony from former employees about their terminations, as it was irrelevant and unduly prejudicial, and that the jury instruction on willfulness was improper.
• United States v. Ford
  840 F.2d 460· 7th Cir.· 1988-02-12 ·cited 38×
  The court held that the district court did not abuse its discretion in admitting evidence of impending audits and cash discrepancies, nor in considering the defendant's truthfulness and lack of remorse during sentencing.
• Davis v. Lane
  814 F.2d 397· 7th Cir.· 1987-03-10 ·cited 38×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court erred by merging jury instructions for federal and state law claims and by directing a verdict on the due process claim, requiring a new trial.
• Domenico Tringali v. Hathaway Mach. Co., Inc.
  796 F.2d 553· 1st Cir.· 1986-06-30 ·cited 38×
  The court affirmed the district court's judgment on tort liability but reversed the order lifting the automatic stay in the bankruptcy proceeding, finding insufficient cause shown.
• Carol and Stanley Zabkowicz v. The W. Bend Co.
  789 F.2d 540· 7th Cir.· 1986-04-24 ·cited 38×·via Abuse Of Discretion Standard On Appeal
  The court held that the Wisconsin Worker's Compensation Act's exclusivity provision barred state tort claims against the employer and supervisors, but reversed the denial of attorneys' fees for the successful Title VII claim, remanding for a determination of a reasonable fee.
• United States v. Peco
  784 F.2d 798· 7th Cir.· 1986-02-26 ·cited 38×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The dissenting judge believes the prosecutor's closing argument remarks were improper and prejudiced the defendants' trial, warranting reversal.
• Henderson v. Duncan
  779 F.2d 1421· 9th Cir.· 1986-01-07 ·cited 38×
  The court held that dismissal with prejudice was an abuse of discretion when both parties shared responsibility for the delay and the defendant suffered no prejudice.
• United States v. Estabrook
  774 F.2d 284· 8th Cir.· 1985-10-01 ·cited 38×
  The court held that the admission of other crimes evidence was proper under Federal Rule of Evidence 404(b) to show knowledge and absence of mistake, and that discovery and new trial rulings were not erroneous.
• In re Flight Transp. Corp. Sec. Litig. Drexel Burnham Lambert Inc. & Moseley v. Flight Transp. Corp.
  730 F.2d 1128· 8th Cir.· 1984-03-26 ·cited 38×
  The court held that the Sharing Agreement is a settlement, not a reorganization plan, and that approving a settlement roughly splitting the constructive trust claim was not an abuse of discretion given the substantial legal questions involved. However, the exclusion of certain de
• Wakeen v. Hoffman House, Inc.
  724 F.2d 1238· 7th Cir.· 1983-12-13 ·cited 38×
  The court held that a prior state court decision on an employment discrimination claim bars a subsequent federal Title VII action under res judicata, and that a class member who has not filed an EEOC charge cannot intervene to replace a dismissed class representative.
• United States v. Graziano
  710 F.2d 691· 11th Cir.· 1983-07-25 ·cited 38×·via Abuse Of Discretion Standard For Severance
  The court held that a defendant's severance claim based on a co-defendant's silence fails without a showing of compelling prejudice from antagonistic defenses, and that a conviction under 21 U.S.C.A. § 848 for engaging in a continuing criminal enterprise is supported by evidence
• Gwendola M. Jones v. Graham
  709 F.2d 1457· 11th Cir.· 1983-07-22 ·cited 38×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute and comply with court orders, finding extreme circumstances supported dismissal as a last resort.
• Mission Ins. Co. v. Puritan Fashions Corp.
  706 F.2d 599· 5th Cir.· 1983-06-06 ·cited 38×
  The court held that the district court did not abuse its discretion in dismissing the insurer's declaratory judgment action in favor of a parallel state court action filed by the insured.
• United States v. Horton
  705 F.2d 1414· 5th Cir.· 1983-05-16 ·cited 38×·via Abuse Of Discretion Standard For Severance
  The court held that the defendants' speedy trial rights were not violated due to permissible exclusions for pretrial motion delays, and that the evidence was sufficient to support their convictions.
• In re Lucian G. Vorpahl
  695 F.2d 318· 8th Cir.· 1982-12-17 ·cited 38×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  Petitioners are not entitled to a jury trial for claims seeking present and future pension benefits under ERISA, as such claims are equitable in nature.
• United States v. Nunzio Provenzano
  688 F.2d 194· 3d Cir.· 1982-09-01 ·cited 38×
  The court held that the defendants' RICO convictions were valid, affirming the trial court's decisions regarding severance, grand jury procedures, and the denial of psychiatric examinations for witnesses.
• Collins v. Seaboard Coastline R.R. Co.
  681 F.2d 1333· 11th Cir.· 1982-08-02 ·cited 38×
  The court held that the trial court abused its discretion by applying offensive collateral estoppel without a full development of the record regarding the plaintiff's reasons for not joining the prior action and the fairness to the defendant.
• Wyandotte Sav. Bank v. The Nat'l Labor Relations Bd.
  682 F.2d 119· 6th Cir.· 1982-07-07 ·cited 38×
  The court held that the NLRB's position in seeking enforcement was substantially justified, thus denying the application for attorney fees under the EAJA.
• Ellis M. Hurn v. Ret. Fund Tr. OF the Plumbing
  648 F.2d 1252· 9th Cir.· 1981-06-26 ·cited 38×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that the plaintiff's ERISA claim was properly dismissed because he had not reached normal retirement age, but the denial of leave to amend his complaint to add a Taft-Hartley Act claim was an abuse of discretion.
• United States v. Booher
  641 F.2d 218· 5th Cir.· 1981-03-30 ·cited 38×
  The court held that a protest return containing constitutional objections instead of financial information does not constitute a valid tax return and does not justify a Fifth Amendment claim against prosecution for willful failure to file.
• United States v. Anderson
  642 F.2d 281· 9th Cir.· 1981-03-20 ·cited 38×
  The court held that the joinder of conspiracy and tax evasion counts was proper, the evidence was sufficient to support the convictions, and the trial court did not err in its rulings or instructions.
• Maggieruth (Boram) Johnston v. Forrest Ray Boram
  386 So. 2d 1230· Fla. 5th DCA· 1980-07-09 ·cited 38×
• Battle v. Park Anderson
  614 F.2d 251· 10th Cir.· 1980-01-21 ·cited 38×·via Abuse Of Discretion (Appellate Review)
  The court affirmed the district court's award of attorney fees under 42 U.S.C. § 1988, finding the attorney represented the prevailing party and the award was supported by substantial evidence. The court remanded for further findings regarding inmate access to courts.
• Ideal Indus., Inc. v. Gardner Bender, Inc.
  612 F.2d 1018· 7th Cir.· 1979-11-19 ·cited 38×
  The court held that numbers originally adopted to indicate product size can acquire secondary meaning and function as common law trademarks, and affirmed the grant of a preliminary injunction, subject to modification.
• Hudak v. Curators OF the Univ. OF Mo.
  586 F.2d 105· 8th Cir.· 1978-11-15 ·cited 38×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel to the plaintiff.
• W. Waterproofing Co., Inc. v. Marshall
  576 F.2d 139· 8th Cir.· 1978-05-09 ·cited 38×
  The court held that Western willfully violated lashing and safety belt/lifeline standards, but vacated the midrail violation finding due to improper amendment of the citation. The penalty amount is within the Commission's discretion.
• Clifford Ragsdale, Inc. v. Morganti, Inc.
  356 So. 2d 1321· Fla. 4th DCA· 1978-04-04 ·cited 38×
  Clifford Ragsdale, Inc. appealed a dismissal with prejudice for failure to comply with Florida's fictitious name statute and failure to amend its complaint within the court-ordered deadline. The appellate court affirmed the dismissal, finding no abuse of discretion by the trial c
• Clarke v. Burkle
  570 F.2d 824· 8th Cir.· 1978-02-21 ·cited 38×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court abused its discretion by denying the plaintiff's motion for relief from judgment without an evidentiary hearing, and that the summary judgment for the defendant in the second case must also be vacated pending the outcome of that hearing.
• United States v. Dane
  570 F.2d 840· 9th Cir.· 1977-12-02 ·cited 38×
  The court held that a sentencing judge has discretion to revoke probation even if the defendant has violated no condition or committed no illegal acts, based on 'prior fair warning'.
• Rule v. Int'l Ass'n OF Bridge
  568 F.2d 558· 8th Cir.· 1977-11-22 ·cited 38×
  The court held that the district court abused its discretion by decertifying the class action based on low opt-in numbers and erred by applying the wrong legal standard to certain pattern and practice claims. The court also found that the district court erred in excluding evidenc
• Wolf v. Frank
  555 F.2d 1213· 5th Cir.· 1977-07-13 ·cited 38×
  The court held that doubling the regular hourly rate for attorneys' out-of-court hours due to the opposition's stubbornness constituted an abuse of discretion, but a 33 1/3% enhancement was justified by the substantial recovery and contingent nature of the fee.
• Marshall v. Holiday Magic, Inc.
  550 F.2d 1173· 9th Cir.· 1977-03-08 ·cited 38×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in approving the class action settlement, finding adequate representation, notice, and fairness.
• Mercantile Tr. Co. Nat'l Ass'n v. Inland Marine Prods. Corp.
  542 F.2d 1010· 8th Cir.· 1976-10-13 ·cited 38×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to amend its answer to assert a counterclaim and additional affirmative defenses due to undue delay and potential prejudice to the plaintiff.
• Sanders v. Levy
  558 F.2d 636· 2d Cir.· 1976-06-30 ·cited 38×
  The court held that the district court did not abuse its discretion in ordering the defendant fund to bear the cost of identifying class members, distinguishing this from notice costs and emphasizing the fiduciary relationship.