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

• Paris Reizakis v. LOY
  490 F.2d 1132· 4th Cir.· 1974-01-22 ·cited 38×·via Abuse Of Discretion Standard On Appeal
  The court held that dismissal for lack of prosecution under Fed. R. Civ. P. 41(b) requires careful judicial discretion and cannot be mechanically applied, especially when the plaintiff is not personally responsible for the attorney's conduct.
• Nat'l Helium Corp. v. Rogers C. B. Morton
  486 F.2d 995· 10th Cir.· 1973-10-19 ·cited 38×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Secretary's Final Environmental Statement (FES) was adequate under the National Environmental Policy Act (NEPA) and that the district court erred in enjoining the termination of helium purchase contracts.
• United States v. Clark
  480 F.2d 1249· 5th Cir.· 1973-07-05 ·cited 38×
  The court held that the district court did not err in admitting hearsay testimony cured by cross-examination, refusing severance, or in its jury instructions, and affirmed the convictions.
• Holmes v. Wack
  464 F.2d 86· 10th Cir.· 1972-07-13 ·cited 38×
  The court held that the trial court did not abuse its discretion in granting a new trial and that appellate review of the sufficiency of the evidence was barred due to the failure to move for a directed verdict.
• Schack v. State
  391 F.2d 593· 5th Cir.· 1968-03-15 ·cited 38×
  The court held that the prisoner failed to allege facts sufficient to warrant federal intervention regarding dental care and that the denial of an evidentiary hearing and counsel was not an error.
• Schwarz v. United States
  384 F.2d 833· 2d Cir.· 1967-11-08 ·cited 38×
  The court held that dismissal for failure to prosecute, even after a Rule 60(b) motion, is not an abuse of discretion when counsel's neglect is inexcusable and the client's remedy lies in a malpractice suit against counsel.
• Davis v. Operation Amigo, Inc.
  378 F.2d 101· 10th Cir.· 1967-05-19 ·cited 38×·via Abuse Of Discretion Standard On Appeal
  The court held that dismissal with prejudice for want of prosecution and judgment on counterclaims were too harsh sanctions given the procedural history and circumstances.
• DeVAULT v. United States
  338 F.2d 179· 10th Cir.· 1964-11-16 ·cited 38×
  The court held that the trial court did not abuse its discretion in denying severance motions, in ordering the order of trial, or in giving a supplemental jury instruction after the jury reported being deadlocked.
• Erwin M. Swam v. United States
  327 F.2d 431· 7th Cir.· 1964-01-20 ·cited 38×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to vacate the dismissal order, as the motion was not timely filed and did not present grounds sufficient for relief under Rule 60(b).
• Northwest Bancorporation v. Bd. OF Governors OF the Fed. Reserve Sys.
  303 F.2d 832· 8th Cir.· 1962-06-13 ·cited 38×
  The court held that the Board of Governors' denial of a bank acquisition application was not arbitrary, capricious, or an abuse of discretion, and that the denial of a hearing was proper under the circumstances.
• VAN v. Schmidt
  122 So. 3d 243· Fla.· 2013-09-04 ·cited 37×·via Reasonableness Test For Abuse Of Discretion
  This case addresses the proper standard of review and remedy when an appellate court reviews a trial court's order granting a new trial based on manifest weight of the evidence, where the trial court's decision was premised, at least in part, on an error of law. The Florida Supre
• Armiger v. Associated Outdoor Clubs, Inc.
  48 So. 3d 864· Fla. 2d DCA· 2010-10-01 ·cited 37×
  Armiger sued Associated Outdoor Clubs for injuries from a slip-and-fall at a greyhound track that Associated had contracted to Clean Sweep Supply to maintain. The trial court granted summary judgment for Associated, reasoning that Armiger's complaint alleged only 'active negligen
• Jorgenson v. State
  714 So. 2d 423· Fla.· 1998-06-11 ·cited 37×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Ronald Jorgenson was convicted of first-degree murder for killing Tammy Jo Ruzga and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated the death sentence, finding it disproportionate based on the single aggravating factor (a 1967 prior murder convi
• Stevens v. Stevens
  651 So. 2d 1306· Fla. 1st DCA· 1995-03-17 ·cited 37×
  When non-marital property brought into a marriage is encumbered by a mortgage serviced with marital funds, the appreciated value of that property caused by inflation, market conditions, or marital contributions must be treated as a marital asset for equitable distribution purpose
• United States v. Giovannetti
  928 F.2d 225· 7th Cir.· 1991-03-21 ·cited 37×
  The court held that the government's failure to argue harmless error can be waived, and the court is not obligated to sua sponte search the record for harmlessness.
• United States v. Duncan
  919 F.2d 981· 5th Cir.· 1990-12-14 ·cited 37×
  The court affirmed the convictions, finding no error in the district court's rulings on venue, evidence, jury instructions, sufficiency of evidence, or sentencing.
• United States v. McELROY
  910 F.2d 1016· 2d Cir.· 1990-07-31 ·cited 37×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the convictions, holding that the bank bribery statute was not unconstitutionally vague as applied, that there was no improper overlap in the charges, and that the trial court did not abuse its discretion in its evidentiary or sentencing rulings.
• White v. Gen. Motors Corp., Inc.
  908 F.2d 675· 10th Cir.· 1990-07-19 ·cited 37×
  The court held that while sanctions were warranted under Rule 11, the amount awarded was excessive and lacked proper consideration of deterrence and joint/several liability, requiring remand.
• Gaynell Boyd v. Trs. OF THE United Mine Workers Health & Ret. Funds
  873 F.2d 57· 4th Cir.· 1989-04-21 ·cited 37×
  The court held that the Trustees abused their discretion in denying disability pension benefits because the mine accident was substantially responsible for the claimant's total disability, even considering pre-existing conditions.
• United States v. Monaco
  852 F.2d 1143· 9th Cir.· 1988-07-26 ·cited 37×
  A district court has discretion to grant or deny an evidentiary hearing when a defendant challenges the accuracy of a presentence report, and this decision is reviewed for abuse of discretion. Knowledge gained from judicial proceedings involving a codefendant does not require rec
• United States v. Olatunji Abayomi
  820 F.2d 902· 7th Cir.· 1987-06-04 ·cited 37×
  The court affirmed the conviction, holding that the evidence was sufficient to prove conspiracy and that the exclusion of photographs was not an abuse of discretion.
• Lovelace v. Acme Mkts., Inc.
  820 F.2d 81· 3d Cir.· 1987-05-29 ·cited 37×
  A plaintiff's misplaced reliance on a specially-appointed process server's representation that service was timely made does not constitute good cause to excuse a failure to serve process within the 120-day limit of Fed.R.Civ.P. 4(j).
• United States v. Zolin
  809 F.2d 1411· 9th Cir.· 1987-02-09 ·cited 37×
  The court held that the district court did not err in compelling production of some documents, denying production of others, finding the summons was issued in good faith, and restricting IRS disclosure. The court also affirmed the waiver of privilege for certain documents and the
• McKELVEY v. AT & T Techs., Inc.
  789 F.2d 1518· 11th Cir.· 1986-05-23 ·cited 37×
  Dismissal for want of prosecution is too harsh a sanction for simple negligence.
• Greenwood Utils. Comm'n v. Hodel
  764 F.2d 1459· 11th Cir.· 1985-07-09 ·cited 37×
  The court held that SEPA's decisions regarding power allocation are judicially unre-viewable because there is no law to apply, and that the plaintiff's claims for retroactive and prospective relief were properly denied.
• Cent. Valley Typographical Union v. McCLATCHY Newspapers
  762 F.2d 741· 9th Cir.· 1985-05-23 ·cited 37×
  The court held that the district court abused its discretion by denying a stay pending the NLRB's decision, as the contractual interpretation issue was inextricably bound with a representational issue within the Board's primary jurisdiction. The court also affirmed the transfer o
• Lehman v. Humphrey Cayman, Ltd.
  713 F.2d 339· 8th Cir.· 1983-07-19 ·cited 37×
  The court held that the district court abused its discretion by dismissing the action on the grounds of forum non conveniens, as it failed to properly weigh all relevant factors and give sufficient deference to the plaintiff's choice of forum.
• Walters v. Roadway Express, Inc.
  557 F.2d 521· 5th Cir.· 1977-08-12 ·cited 37×·via Abuse Of Discretion Standard For Costs
  The court held that the district court erred in dismissing the ICC claim for lack of jurisdiction, but correctly affirmed the committee's decisions on seniority and employee discharges.
• Commonwealth OF Va. v. Westinghouse Elec. Corp.
  542 F.2d 214· 4th Cir.· 1976-09-27 ·cited 37×
  The court held that the Commonwealth of Virginia was not entitled to intervene as of right because it failed to demonstrate that its interests would be practically impaired or impeded by the litigation's disposition, nor that its interests were inadequately represented by the exi
• Champion Home Builders & Roger L. Hickman v. Shumate
  388 F.2d 806· 10th Cir.· 1967-07-18 ·cited 37×
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial, as the jury's verdicts were supported by the evidence and not clearly against the weight thereof.
• First Nat'l Bank of Smithfield v. Saxon
  352 F.2d 267· 4th Cir.· 1965-10-21 ·cited 37×
  The dissenting judge would hold that an opportunity for an objecting bank to be heard, with access to supporting data, is a prerequisite to a valid decision by the Comptroller on a branch bank application.
• Darlington v. Studebaker-Packard Corp.
  261 F.2d 903· 7th Cir.· 1959-01-02 ·cited 37×
  The court held that the district court did not abuse its discretion in denying the motion to vacate dismissal for lack of prosecution, nor did it err in refusing to disqualify the judge based on prior attorney-client relationships unrelated to the case.
• Dauer v. United States
  189 F.2d 343· 10th Cir.· 1951-05-12 ·cited 37×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not abuse its discretion in denying a motion for severance and that objections to jury instructions were waived.
• Zaida Lago, Julio Lago, Juan Carlos Lago & Alberto N. Moris, P.A. v. Kame BY Design, LLC
  120 So. 3d 73· Fla. 4th DCA· 2013-08-07 ·cited 36×
  A subsequent motion for sanctions raising new arguments must independently comply with the 21-day safe harbor provision.
• Knight v. State
  76 So. 3d 879· Fla.· 2011-09-28 ·cited 36×
  Richard Knight was convicted of two counts of first-degree murder for stabbing to death Odessia Stephens and her four-year-old daughter Hanessia Mullings in June 2000. The Florida Supreme Court affirmed Knight's convictions and death sentences on direct appeal, rejecting all five
• Campbell v. Dina M. Campbell
  46 So. 3d 1221· Fla. 4th DCA· 2010-11-10 ·cited 36×
  William Keith Campbell appeals a default final judgment in a dissolution of marriage case. The Fourth District Court of Appeal affirmed the judgment in all respects except the attorney's fees award, which was reversed and remanded because the trial court failed to provide specifi
• Aldana v. DEL Monte Fresh Produce N.A., Inc.
  578 F.3d 1283· 11th Cir.· 2009-08-13 ·cited 36×
  Seven Guatemalan labor union leaders sued Del Monte Fresh Produce and related entities in federal court under the Alien Tort Act and Torture Victim Protection Act, alleging they were tortured in retaliation for union activities. The district court dismissed the case on forum non
• Strand v. Escambia Cnty.
  992 So. 2d 150· Fla.· 2008-09-18 ·cited 36×·via Abuse Of Discretion Standard For Continuance
  Dr. Strand challenged Escambia County's validation of $135 million in revenue bonds for a road-widening project in the Southwest Escambia Improvement District, arguing the bonds required voter approval under Florida's constitutional referendum requirement. The Florida Supreme Cou
• N.S.H. v. Fla. Dep't of Child. & Fam. Servs.
  843 So. 2d 898· Fla.· 2003-04-03 ·cited 36×
  The Florida Supreme Court held that Anders procedures, which require appointed appellate counsel to file a brief identifying any arguable issues before withdrawing in criminal cases, do not apply to termination of parental rights appeals. The Court established an alternative proc
• Dep't OF Child. & Families v. L.D. and J.S.
  840 So. 2d 432· Fla. 5th DCA· 2003-03-21 ·cited 36×
  The Department of Children and Families appealed a trial court order staying termination of parental rights proceedings for 90 days to allow parents additional time to comply with a case plan. The appellate court affirmed the stay, holding that the trial court did not abuse its d
• Lewis v. State
  754 So. 2d 897· Fla. 1st DCA· 2000-04-25 ·cited 36×
  James Isaac Lewis appeals his conviction for possession with intent to sell cocaine, challenging the trial court's evidentiary rulings and denial of suppression and mistrial motions. The appellate court reverses and remands for a new trial, finding reversible error in allowing a
• Kenneth Kapley, D.D.S. v. Borchers
  714 So. 2d 1217· Fla. 2d DCA· 1998-08-12 ·cited 36×·via Abuse Of Discretion In Dismissal
  A dentist appealed the dismissal with prejudice of his complaint against an individual defendant. The court held that the trial court abused its discretion by dismissing with prejudice without giving the plaintiff an opportunity to amend, and reversed and remanded the case.
• Levine v. Kaplan
  687 So. 2d 863· Fla. 5th DCA· 1997-01-17 ·cited 36×
  A lawsuit is properly dismissed for failure to prosecute under Florida Rule 1.420(e) when there is no record activity for one year and the plaintiff fails to show good cause, which requires proof of a compelling reason preventing active prosecution rather than mere assertions of
• Memwaldy Curtis v. State
  685 So. 2d 1234· Fla.· 1996-10-10 ·cited 36×
  Curtis was convicted of first-degree murder, attempted first-degree murder, and robbery in a store shooting that killed one clerk. The Florida Supreme Court affirmed his convictions but reversed his death sentence as disproportionate, remanding for imposition of life without paro
• Sadallah v. Sera Martell Realty, Inc.
  650 So. 2d 653· Fla. 4th DCA· 1995-02-08 ·cited 36×
• United States v. Devin
  918 F.2d 280· 1st Cir.· 1990-11-06 ·cited 36×
  The court held that evidence of BPD regulations was admissible under Rule 404(b) to show intent and knowledge, and that the delayed disclosure of a witness's psychiatric history did not prejudice the defendant.
• United States v. Cameron
  907 F.2d 1051· 11th Cir.· 1990-08-01 ·cited 36×
  The court held that a motion for hospitalization, filed before trial, did not constitute a sufficient offer of proof for an insanity defense when the exclusion of evidence was based on a procedural failure to provide adequate notice. The court also noted that the district court's
• Edwrick Fowler v. Jones
  899 F.2d 1088· 11th Cir.· 1990-04-30 ·cited 36×·via Abuse Of Discretion Standard For Continuance
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's conclusions on two points.
• United States v. W. Elec. Co.
  900 F.2d 283· D.C. Cir.· 1990-04-03 ·cited 36×
  The court held that the district court erred in lifting the restriction against BOC participation in information services, reversing and remanding that decision, while affirming other rulings.
• United States v. Newton
  891 F.2d 944· 1st Cir.· 1989-12-11 ·cited 36×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the convictions, finding no reversible error in the evidentiary rulings, jury instructions, or claims of governmental misconduct.