Abuse Of Discretion (Standard Of Review)

12,338 Florida cases classified under this topic, plus 1,659 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Abad Perez v. Cucci
  932 F.2d 1058· 3d Cir.· 1991-05-17
  The court held that the district court abused its discretion by denying the City's motion to correct an order implementing an amended judgment, as the order improperly included backpay for a period after the plaintiff's retirement, which was not supported by the record or the ori
• Sones v. United States R.R. Ret. Bd.
  933 F.2d 636· 8th Cir.· 1991-05-15
  The court held that the Railroad Retirement Board abused its discretion by refusing to reopen the claimant's case, given a subsequent favorable Social Security disability ruling under identical standards.
• Fla. Steel Corp. v. Stober (In Re Indus. Supply Corp.)
  127 B.R. 62· M.D. Fla.· 1991-05-14
  The court affirmed the bankruptcy court's judgment, finding that the payments were not made in the ordinary course of business due to extraordinary collection efforts and that the award of pre-judgment interest was not an abuse of discretion.
• United States v. Nolan
  932 F.2d 1005· 1st Cir.· 1991-05-09
  The court held that constitutional challenges to probation conditions cannot be raised on appeal from a probation revocation decision, and the district court did not abuse its discretion in revoking probation.
• DiBLASIO v. Keane
  932 F.2d 1038· 2d Cir.· 1991-05-09
  The court held that the prosecution's failure to disclose the identity or whereabouts of a confidential informant violated the defendant's due process rights, as the informant's testimony was material to the defendant's entrapment defense.
• Mihail Chemiakin v. Igor Yefimov
  932 F.2d 124· 2d Cir.· 1991-04-29
  The court held that a district court lacks the power to sanction a party solely based on the lack of merit of a case it has no jurisdiction to decide.
• Mfrs. & Traders Tr. Co. v. Malka
  S.D. Fla.· 1991-04-23
  A party should not be deprived of an opportunity to present merits due to attorney mistake absent clear record of delay or contumacious conduct.
• B.L. Peregoy v. Amoco Prod. Co.
  929 F.2d 196· 5th Cir.· 1991-04-23
  The court held that summary judgment for defendants was proper based on stare decisis and that the district court did not abuse its discretion in imposing Rule 11 sanctions.
• The Process GAS Consumers Grp. v. Fed. Energy Regulatory Comm'n
  930 F.2d 926· D.C. Cir.· 1991-04-19
  The court held that FERC's approval of certain research projects by the Gas Research Institute on remand was inconsistent with prior court directives, particularly regarding the net-benefits analysis for ratepayers.
• United States v. Coleman
  930 F.2d 560· 7th Cir.· 1991-04-17
  The court held that the district court did not abuse its discretion in excluding evidence of prior harassment and the defendant's history of stomach problems, as such evidence was either irrelevant or cumulative.
• Baker v. United Mine Workers OF Am. Health & Ret. Funds
  929 F.2d 1140· 6th Cir.· 1991-04-09
  The court held that the Trustees did not abuse their discretion in denying pension benefits because their decision was based on principled reasoning and supported by substantial evidence.
• Goff v. USA Truck
  929 F.2d 429· 8th Cir.· 1991-04-02
  The court held that a district court did not abuse its discretion in refusing to award backpay when the claimant failed to present any evidence on the issue at trial and did not argue the failure was excusable.
• Father & Sons Lumber & Bldg. Supplies, Inc. v. Nat'l Labor Relations Bd.
  931 F.2d 1093· 6th Cir.· 1991-04-01
  The First District Court of Appeal reversed a trial court's decision that credited a father with social security disability benefits received by his child against his child support obligation, finding the trial court improperly modified the original Alabama decree.
• Nuclear Info. Res. Serv. v. Nuclear Regulatory Comm'n & United States
  928 F.2d 465· D.C. Cir.· 1991-03-27
  The court granted rehearing en banc, vacated the prior panel judgment, and scheduled oral argument and briefing.
• Baldwin v. Darcy Sue Baldwin
  576 So. 2d 400· Fla. 5th DCA· 1991-03-14
• Vinci v. Consol. Rail Corp.
  927 F.2d 285· 6th Cir.· 1991-03-07
  The court held that the sua sponte dismissal of the personal injury action for failure to prosecute was an abuse of discretion.
• Weekley v. Jones
  927 F.2d 382· 8th Cir.· 1991-03-04
  The court held that the district court did not abuse its discretion in granting an extension for the notice of appeal, but reversed and remanded for further consideration of the jury selection and ineffective assistance of counsel claims.
• First Interstate Bank OF Ariz., N.A. v. Interfund Corp.
  924 F.2d 588· 5th Cir.· 1991-02-28
  The court held that Interfund's retention of chattel paper after First Interstate's demand for return constituted conversion, and that the evidence supported the jury's award of punitive damages.
• Williams v. A.L. Lockhart
  927 F.2d 374· 8th Cir.· 1991-02-28
  The court held that the district court did not abuse its discretion in denying the second habeas petition as an abuse of the writ, because the petitioner had knowledge of and participated in the filing of the first petition.
• United States v. McCOURT
  925 F.2d 1229· 9th Cir.· 1991-02-25
  Federal Rule of Evidence 404(b) applies to evidence of prior acts of third parties, not just the accused, when offered to prove character or conformity therewith.
• Nerman v. Alexander Grant & Co.
  926 F.2d 717· 8th Cir.· 1991-02-21
  The court held that a fraud claim accrues upon discovery of the fraud, not when the last item of damage is ascertainable, and that damages are measured at the time of the transaction.
• Rodriguez v. Crown Equip. Corp.
  923 F.2d 416· 5th Cir.· 1991-02-14
  The court held that the exclusion of evidence of a subsequent similar accident was not an abuse of discretion, and the expert's modified testimony did not constitute unfair surprise.
• Penrod Drilling Co. v. The United States
  925 F.2d 406· Fed. Cir.· 1991-02-07
  The Court of International Trade did not abuse its discretion in denying Penrod's motion to extend the time for appeal because the failure to timely serve a motion to rehear was due to Penrod's own negligence, not excusable neglect or good cause.
• Williams v. Kingston Shipping Co., Inc.
  925 F.2d 721· 4th Cir.· 1991-02-07
  The majority erred in awarding full attorney fees for all claims, as fee-shifting in maritime law is narrowly limited to specific circumstances not present here.
• Thompson v. Superior Fireplace Co.
  931 F.2d 372· 6th Cir.· 1991-02-05
  The court held that a district court's failure to consider a motion to amend a complaint before granting a motion to dismiss constitutes an abuse of discretion, requiring remand. However, a union does not owe employees a duty to provide a safe workplace absent specific contractua
• Zugda v. Gomez
  573 So. 2d 208· Fla. 3d DCA· 1991-01-29
  The court held that the trial court did not abuse its broad discretion in modifying child support and visitation.
• Herb Neft v. Vidmark, Inc.
  923 F.2d 746· 9th Cir.· 1991-01-17
  The court held that the district court abused its discretion by awarding costs and attorney's fees without articulating specific reasons for the reasonableness of the amount.
• Gov't of the Virgin Islands v. A.
  922 F.2d 1141· 3d Cir.· 1991-01-11
  The court held that the magistrate did not abuse discretion in denying a motion for psychiatric examinations of child witnesses, and that the trial court did not err in refusing to exclude a non-witness from the courtroom.
• Charter Crude Oil Co. v. Petroleos Mexicanos (In Re Charter Crude Oil Co.)
  125 B.R. 650· M.D. Fla.· 1991-01-10
  The court held that the bankruptcy court erred by failing to determine if the debtor reasonably believed the creditor had abandoned its claim or if diligent efforts would have uncovered the claim, thus reversing and remanding for a new trial on whether the creditor was known or u
• Miera v. First Sec. Bank OF Utah, N.A.
  925 F.2d 1237· 10th Cir.· 1991-01-07
  The court held that the district court did not err in finding the Bank not liable, as Affiliated Ute did not control the instant case due to significant factual differences and the applicability of the statute of limitations.
• In re Strom v. Strom
  921 F.2d 836· 8th Cir.· 1991-01-04
  The court held that Palatine failed to establish a valid lien on the registered property because it did not comply with the statutory filing requirements. The court also reversed the district court's reversal of attorney fees, finding the bankruptcy court did not abuse its discre
• Berkovich v. Winslow Hicks
  922 F.2d 1018· 2d Cir.· 1991-01-04
• Weisman v. Alleco, Inc.
  925 F.2d 77· 4th Cir.· 1991-01-02
  The court affirmed the district court's orders granting sanctions against an attorney/party-plaintiff and denying cross-appeals for costs and fees, as well as the denial of a motion to modify the sanctions order.
• United States v. Prairie Pharmacy, Inc.
  921 F.2d 211· 9th Cir.· 1990-12-11
  The court held that attorney negligence in miscalculating an appeal deadline does not constitute excusable neglect under Rule 4(b) of the Federal Rules of Appellate Procedure, and the district court did not abuse its discretion in denying an extension.
• Jones v. Aero/Chem Corp. & Athea Labs., Inc.
  921 F.2d 875· 9th Cir.· 1990-12-11
  The court held that the plaintiff failed to demonstrate misconduct by clear and convincing evidence or substantial interference with her ability to present her case, thus affirming the district court's ruling.
• The Haagen-Dazs Co., Inc. v. Double Rainbow Gourmet ICE Creams, Inc.
  920 F.2d 587· 9th Cir.· 1990-12-05
  The court held that copying costs for documents necessarily obtained for use in a case are recoverable, even if not introduced into evidence.
• Francis S.L. Wang v. HSU
  919 F.2d 130· 10th Cir.· 1990-11-15
  A subpoena duces tecum, as clarified by the 1970 amendments to Rule 45(d)(1), implicitly authorizes the inspection and copying of produced documents unless timely objected to in writing.
• In re Grand Hotel Ltd. P'ship
  121 B.R. 657· S.D. Fla.· 1990-11-07
  The court held that the bankruptcy court's finding of contempt and imposition of sanctions against the attorney were not clearly erroneous and were supported by the record.
• Nat'l Labor Relations Bd. v. Raytheon Co.
  918 F.2d 249· 1st Cir.· 1990-11-02
  The court held that the National Labor Relations Board did not exceed its discretion in directing self-determination elections and certifying the union as the bargaining representative for a unit including newly added guards.
• Toussaint v. McCARTHY
  918 F.2d 752· 9th Cir.· 1990-10-30
  The court held that the district court erred in continuing the monitor's appointment, prohibiting polygraph examinations, and mandating 90-day review periods for segregation decisions, but affirmed the requirement for the Criminal Activities Coordinator to hear prisoner views.
• Raby v. M/V Pine Forest
  918 F.2d 80· 9th Cir.· 1990-10-29
  The court held that the district court abused its discretion by failing to consider that payment of back wages into court would stop the accrual of penalty wages when setting the supersedeas bond.
• United States v. Avery Smith
  919 F.2d 67· 8th Cir.· 1990-10-29 ·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not err in denying severance, using a prior burglary conviction for sentence enhancement, refusing an insanity instruction, or reading a stipulation of prior convictions to the jury.
• Rosen v. Rosen
  576 So. 2d 308· Fla. 3d DCA· 1990-10-23
  In this family law appeal, the Florida District Court of Appeal affirmed the trial court's restoration of the father's overnight visitation privileges with his daughters, finding no evidence of abuse. However, the court reversed portions of the judgment regarding psychological tr
• Hillig v. Commissioner OF Internal Revenue
  916 F.2d 171· 4th Cir.· 1990-10-16
  The court held that dismissing a case to penalize blameless taxpayers for their attorneys' misconduct is an abuse of discretion, especially when less drastic sanctions are available.
• United States v. Arpan
  915 F.2d 1180· 8th Cir.· 1990-10-02
  The court held that time spent on bond pending appeal does not count as time in custody for sentence reduction purposes under former Rule 35(b).
• Gibson v. R.G. Smith Co.
  915 F.2d 260· 6th Cir.· 1990-10-02
  The court held that a district court may dismiss an in forma pauperis complaint before filing if it is frivolous or malicious, consistent with the discretion granted by 28 U.S.C. § 1915(a) and (d).
• Fate McMILLER v. A.L. Lockhart
  915 F.2d 368· 8th Cir.· 1990-09-27 ·via Abuse Of Discretion Standard For Continuance
  The court held that the petitioner did not receive constitutionally ineffective assistance of counsel and that the trial court did not abuse its discretion in denying a continuance.
• Salmon v. Corpus Christi Indep. Sch. Dist.
  911 F.2d 1165· 5th Cir.· 1990-09-20
  The court held that the district court did not err in denying the request for appointed counsel, as the plaintiff failed to demonstrate exceptional circumstances under the relevant standards.
• United States v. Nestor Galindo
  913 F.2d 777· 9th Cir.· 1990-09-11
  The court held that while mentioning plea discussions to the jury was constitutional error, the government proved no reasonable possibility that the statement affected the verdict due to a strong curative instruction and the jury's careful deliberation and partial verdicts.
• Elmore v. Corcoran
  913 F.2d 170· 4th Cir.· 1990-09-10
  The court held that the district court abused its discretion by amending the pleadings to include a due process claim that was not tried by the express or implied consent of the parties.