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

• Theilmann v. The Rutland Hosp., Inc.
  455 F.2d 853· 2d Cir.· 1972-02-02 ·cited 36×
  The court held that the trial court did not abuse its discretion in dismissing the suit with prejudice for failure to prosecute.
• Garner v. Wolfinbarger
  433 F.2d 117· 5th Cir.· 1970-08-31 ·cited 36×
  Interlocutory appeal under 28 U.S.C. § 1292(b) is inappropriate for reviewing a district court's discretionary transfer order under 28 U.S.C. § 1404(a).
• United States v. Gerson Nagelberg
  413 F.2d 708· 2d Cir.· 1969-07-23 ·cited 36×
  The court held that the sentencing power of a judge revoking probation is no greater than that of the original sentencing judge, and thus the judge could not impose a sentence less than the statutory minimum.
• Galbraith v. United States
  387 F.2d 617· 10th Cir.· 1968-01-11 ·cited 36×·via Abuse Of Discretion Standard For Continuance
  The court held that the admission of bank records obtained via subpoena was lawful and that the denial of a continuance was not an abuse of discretion.
• Nathalie L. Dupont v. S. Pac. Co.
  366 F.2d 193· 5th Cir.· 1966-09-21 ·cited 36×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court's consolidation of cases did not prejudice the substantial rights of the driver's survivors, nor was the appointment of lead counsel an abuse of discretion.
• Smoake v. Willingham
  359 F.2d 386· 10th Cir.· 1966-04-07 ·cited 36×
  The court held that a federal prisoner must exhaust administrative remedies before seeking habeas corpus relief for the forfeiture of good time, and that judicial review is limited to instances of arbitrary or capricious action by prison authorities.
• Emil Richard Yates v. United States
  308 F.2d 737· 10th Cir.· 1962-09-12 ·cited 36×
  A defendant cannot attack the validity of an original conviction on an appeal from an order revoking probation if the time for appealing the original conviction has expired.
• Connelly v. United States
  271 F.2d 333· 8th Cir.· 1959-11-09 ·cited 36×
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial based on newly discovered evidence, as the evidence was not credible and unlikely to produce an acquittal.
• Holt v. United States
  272 F.2d 272· 9th Cir.· 1959-11-05 ·cited 36×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the evidence was sufficient to support the jury's finding of willful tax evasion and that the trial court did not abuse its discretion in denying motions for a bill of particulars and discovery.
• Mims v. United States
  254 F.2d 654· 9th Cir.· 1958-03-28 ·cited 36×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in failing to give specific jury instructions regarding accomplice and perjurer testimony, nor in refusing to allow inquiry into the business relationship between the defendant and the father of an alleged accomplice, as the evidenc
• Refior v. Lansing Drop Forge Co.
  124 F.2d 440· 6th Cir.· 1942-01-05 ·cited 36×
  The court held that the trial court did not abuse its discretion in dismissing the appellant's cause for want of prosecution and failure to comply with a conditional order, nor in striking the affidavit of bias and prejudice.
• Burns v. Town of Palm Beach
  999 F.3d 1317· 11th Cir.· 2021-06-08 ·cited 35×
  Donald Burns challenged his local architectural review commission's denial of his building permit to demolish and replace his beachfront mansion with a larger midcentury modern design, arguing the commission's criteria violated his First Amendment free speech rights and his Fourt
• United States v. Titus Bates
  960 F.3d 1278· 11th Cir.· 2020-05-28 ·cited 35×
  A violation of 18 U.S.C. § 111(b) categorically qualifies as a crime of violence under 18 U.S.C. § 924(c)'s elements clause. Psychiatric evidence is generally inadmissible to negate mens rea in general intent crimes, and the district court did not abuse its discretion in excludin
• L.L. v. State
  189 So. 3d 252· Fla. 3d DCA· 2016-04-06 ·cited 35×
  A Florida appellate court upheld the admissibility of a police officer's opinion that a substance was marijuana based on sight and smell alone, classifying such testimony as lay opinion under Florida's evidence code rather than requiring expert qualification under the Daubert sta
• Rogers v. Rogers
  12 So. 3d 288· Fla. 2d DCA· 2009-06-17 ·cited 35×
  The court held that a trial court must make specific factual findings to support an unequal distribution of marital debts and an award of attorney's fees, including any payment plan.
• Schriber v. State
  959 So. 2d 1254· Fla. 4th DCA· 2007-07-05 ·cited 35×
  A defendant is entitled to conflict-free counsel to assist in preparing a motion to withdraw a guilty plea under Florida Rule of Criminal Procedure 3.170(l).
• State v. Noe Salgado
  948 So. 2d 12· Fla. 3d DCA· 2006-11-08 ·cited 35×
  The State appealed a trial court's order granting a downward departure from sentencing guidelines for a defendant convicted of burglary, aggravated battery, and attempted murder. The Third District Court of Appeal reversed, holding that neither of the trial court's stated grounds
• Tanner v. Beck
  907 So. 2d 1190· Fla. 3d DCA· 2005-06-01 ·cited 35×
  In this premises liability case, the plaintiff alleged he slipped and fell while exiting the defendant's mobile home. The trial resulted in a jury verdict for the defendants, but the trial court granted a new trial based on alleged improper closing argument by defense counsel. Th
• Bocher v. Glass
  874 So. 2d 701· Fla. 1st DCA· 2004-05-28 ·cited 35×
  Appellants challenged a $3 million jury verdict in a wrongful death case arising from a motorcycle accident, arguing that the plaintiff's attorney engaged in repeated improper and inflammatory conduct designed to inflame jury emotions rather than focus on the evidence. The court
• United States v. Derick Bennett
  928 F.2d 1548· 11th Cir.· 1991-04-25 ·cited 35×
  The court held that the district court erred in applying a firearm possession enhancement to the sentence because the firearm was possessed seven months after the drug offense. The court affirmed the conviction and other sentencing aspects.
• Reinking v. Philadelphia Am. Life Ins. Co.
  910 F.2d 1210· 4th Cir.· 1990-08-08 ·cited 35×
  A denial of ERISA benefits is reviewed de novo unless the plan grants discretionary authority; mental incapacity can render a suicide attempt unintentional, thus not excluded by an 'intentionally self-inflicted injury' clause.
• United States v. Sotelo-Murillo
  887 F.2d 176· 9th Cir.· 1989-06-14 ·cited 35×
  The court held that the defendant presented sufficient evidence of entrapment to warrant a jury instruction, and the failure to provide such an instruction was reversible error.
• Century Prods., Inc. v. Lidiann Sutter & Lidiann's Inc.
  837 F.2d 247· 6th Cir.· 1988-01-19 ·cited 35×
  The court should review legal conclusions under Rule 11 de novo, not just for abuse of discretion.
• Application for Issuance of Order Requiring the United States Env't Prot. Agency to Produce Dr. Thomas Spittler to Testify by Videotape Deposition. Appeal of SUN Pipe Line Co.
  831 F.2d 22· 1st Cir.· 1987-10-16 ·cited 35×
  The court held that the district court did not abuse its discretion in denying the motion for reconsideration, as the appellant failed to present a timely or substantiated claim for judicial review of the agency's decision.
• Sanders v. Clemco Indus.
  823 F.2d 214· 8th Cir.· 1987-07-07 ·cited 35×
  The court held that the district court abused its discretion by dismissing the action for lack of jurisdiction without granting leave to amend the complaint to correct technical pleading deficiencies.
• Rivera v. Hon. Jaime Torres Gaztambide
  812 F.2d 258· 1st Cir.· 1987-02-25 ·cited 35×
  The dissenting judge argues the majority erred in finding the RHA Regional Director position substantially related to partisan political concerns, lacking record support for both prongs of the applicable test.
• Sofia Campos-Guardado v. Immigr. & Naturalization Serv.
  809 F.2d 285· 5th Cir.· 1987-02-10 ·cited 35×
  The court held that the Board of Immigration Appeals did not err in denying asylum and withholding of deportation, and that it lacked jurisdiction to review the voluntary departure period due to failure to exhaust administrative remedies.
• S. Leasing P'rs, Ltd. v. McMULLAN
  801 F.2d 783· 5th Cir.· 1986-10-08 ·cited 35×
  The court held that the district court did not abuse its discretion in imposing sanctions under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927 against the plaintiff and its attorneys for filing claims not well-grounded in fact or warranted by law.
• Caldo Mares and Sally Mares v. Credit Bureau OF Raton
  801 F.2d 1197· 10th Cir.· 1986-09-08 ·cited 35×
  The court held that a district court's general reduction of claimed attorney hours is permissible if adequately explained, and that fees for work solely on a fee dispute are not compensable.
• United States v. Jude R. Hayes
  794 F.2d 1348· 9th Cir.· 1986-05-09 ·cited 35×·via Abuse Of Discretion Standard For Jury Instructions
  The dissenting judge holds that the search warrants were unconstitutionally broad and violated the Fourth Amendment's particularity requirement.
• Powell v. Rockwell Int'l Corp.
  788 F.2d 279· 5th Cir.· 1986-04-28 ·cited 35×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the jury's finding of retaliatory discharge was supported by sufficient evidence and that an incorrect jury instruction on 'willfulness' was harmless error given the facts.
• Thad Richard Sizemore, Jr. v. Sizemore
  487 So. 2d 1080· Fla. 5th DCA· 1986-03-06 ·cited 35×
  The appellate court affirmed a dissolution decree's alimony and asset awards but reversed the attorney's fees award, finding it inequitable given the parties' relatively equal economic circumstances post-dissolution.
• United States v. Walker
  772 F.2d 1172· 5th Cir.· 1985-09-18 ·cited 35×
  The court held that the district court abused its discretion by denying the motion to reopen evidence to allow the defendant to testify.
• Sierra Club v. The United States Dep't OF Transp.
  753 F.2d 120· D.C. Cir.· 1985-01-25 ·cited 35×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the FAA did not violate NEPA by failing to prepare a new EIS and did not violate the Transportation Code by permitting B-737 operations at Jackson Hole Airport.
• Williams v. The City OF NEW Orleans
  729 F.2d 1554· 5th Cir.· 1984-04-23 ·cited 35×
  The court held that the district judge did not abuse his discretion in refusing to approve a one-for-one promotion quota.
• Cti-Container Leasing Corp. v. Uiterwyk Corp.
  685 F.2d 1284· 11th Cir.· 1982-09-13 ·cited 35×
  A stay order is a final decision, and thus appealable, if it effectively places a party out of court by imposing an indefinite delay. The district court abused its discretion by staying the entire action, rather than severing and staying only the third-party claims against Iran a
• Hill v. W. Elec. Co., Inc.
  672 F.2d 381· 4th Cir.· 1982-03-01 ·cited 35×
  The court held that the trial court did not abuse its discretion in denying permissive intervention.
• Del. Valley Citizens' Council FOR Clean AIR v. Commonwealth OF Pa.
  674 F.2d 976· 3d Cir.· 1982-03-01 ·cited 35×
  The court held that the district court did not abuse its discretion in denying the Commonwealth's request for an extension, declaring the Commonwealth in violation of the consent decree, and modifying the decree to require monthly audits and referee stations.
• The Sierra Club v. Hathaway
  579 F.2d 1162· 9th Cir.· 1978-08-11 ·cited 35×
  The court held that the district court did not abuse its discretion in denying the preliminary injunction because the appellants failed to establish a strong likelihood of success on the merits regarding the National Environmental Policy Act's environmental impact statement requi
• United States v. Hamilton
  559 F.2d 1370· 5th Cir.· 1977-10-03 ·cited 35×
  The court held that the trial judge did not abuse his discretion in denying motions for a new trial based on newly discovered evidence without an evidentiary hearing, as the evidence was unlikely to produce a different result.
• United States v. Krohn
  558 F.2d 390· 8th Cir.· 1977-05-25 ·cited 35×
  The court held that the appellant was not denied a speedy trial and that the admission of testimony from unlisted witnesses was not reversible error.
• Vitt v. Ryder Truck Rentals, Inc.
  340 So. 2d 962· Fla. 3d DCA· 1976-12-20 ·cited 35×·via Abuse Of Discretion Standard On Appeal
  Motorcycle accident victims appealed a jury verdict awarding them $125,000 and $35,000 respectively, challenging the admission of experimental evidence demonstrating the motorcycle's stopping ability and negotiating capability, along with other trial errors. The appellate court a
• State Farm Auto. Ins. Co. v. Hauser
  281 So. 2d 563· Fla. 3d DCA· 1973-07-10 ·cited 35×
  This case concerns the equitable distribution of insurance benefits following a settlement in a personal injury lawsuit. The appellate court affirmed the trial court's decision to use equitable distribution but reversed the specific amount awarded, finding it inadequate.
• Blackshear Residents Org. v. Romney
  472 F.2d 1197· 5th Cir.· 1973-01-30 ·cited 35×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to halt the funding of a low-income housing project.
• Kasey v. Molybdenum Corp. OF Am.
  408 F.2d 16· 9th Cir.· 1969-02-20 ·cited 35×
  The court held that a direct appeal of an order denying a motion for change of venue under 28 U.S.C. § 1404(a) is not permitted, but treated the appeal as a petition for a writ of mandamus.
• Triax, Inc. v. City OF Treasure Island
  208 So. 2d 669· Fla. 2d DCA· 1968-04-05 ·cited 35×
  Triax appealed the denial of its motion to amend its complaint to add a quantum meruit claim after the trial court entered final judgment against it on breach of contract grounds. The court affirmed the denial, holding that the quantum meruit issue was not tried with the parties'
• England v. Morgan J. Doyle
  281 F.2d 304· 9th Cir.· 1960-08-11 ·cited 35×
  The court held that an attorney's statement during a hearing for a continuance, which was not intended as a binding stipulation to hold assets, did not require notice to the petitioning creditor for the termination of an agency, nor did the agent's failure to disclose this statem
• Jimenez v. State
  265 So. 3d 462· Fla.· 2018-10-04 ·cited 34×
  Jose Antonio Jimenez, a death row inmate, appealed the postconviction court's denial of successive motions for relief and a motion to correct his sentence following the signing of his execution warrant. The Florida Supreme Court affirmed all denials, holding that Jimenez's claims
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• Kerline Ferere v. William Shure, M.D.
  65 So. 3d 1141· Fla. 4th DCA· 2011-07-20 ·cited 34×
  A plaintiff appealed from orders awarding defendants attorney's fees and costs following a mistrial, and from final judgments for defendants after a second trial in a medical malpractice case. The court reversed the attorney's fees and costs awards but affirmed the final judgment