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

• Allene Engelhart Sohrabi v. Ahmad Gholi Sohrabi
  568 So. 2d 940· Fla. 2d DCA· 1990-09-07
  The court held that the injunction restricting both parties from leaving the Thirteenth Judicial Circuit with the child without consent was too broad and required reversal as to the mother.
• Baker v. Dep't OF Health & Human Servs.
  912 F.2d 1448· Fed. Cir.· 1990-08-31
  The court held that the Department of Health and Human Services Standards of Conduct apply to section 8(a) contracts and that the Merit Systems Protection Board's findings of divulging confidential information and accepting a gratuity were supported by substantial evidence.
• United States v. Vidakovich
  911 F.2d 435· 10th Cir.· 1990-08-24
  The court held that the district court did not abuse its discretion in denying Vidakovich's motion to withdraw his guilty pleas.
• Carroll v. Carroll
  565 So. 2d 894· Fla. 4th DCA· 1990-08-22
  The court held that the trial court abused its discretion by awarding the wife a disproportionately small share of marital assets without justification.
• Transgo, Inc. v. Ajac Transmission Parts Corp.
  911 F.2d 363· 9th Cir.· 1990-08-20
  A party seeking to modify a permanent injunction under Fed.R.Civ.P. 60(b)(5) must demonstrate a substantial change in circumstances or law, or extreme and unforeseen hardship, and cannot relitigate issues already decided.
• Throckmorton v. U.S. Dep't OF Health & Human Servs.
  932 F.2d 295· 4th Cir.· 1990-08-15
  The court held that the Secretary's denial of disability benefits was substantially justified, thus precluding an award of attorney's fees under the Equal Access to Justice Act.
• United States v. Bradac
  910 F.2d 439· 7th Cir.· 1990-08-15
  The court held that the district court did not err in denying attorneys' fees and costs under the Equal Access to Justice Act.
• Gilbert v. Tulane Univ. (THE Administrators OF the Tulane Educ. Fund)
  909 F.2d 124· 5th Cir.· 1990-08-15 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that an employee at-will under Louisiana law has no contractual right to grievance procedures outlined in a staff handbook, absent specific promises or statutory/constitutional violations.
• ROE v. Town OF Highland
  909 F.2d 1097· 7th Cir.· 1990-08-14
  The court held that the appellant's procedural missteps, including filing a notice of appeal before intervening and moving to intervene in the appellate court, precluded her from intervening to appeal the denial of class certification.
• United States v. Barnes
  910 F.2d 1342· 6th Cir.· 1990-08-13
  The court held that the 'Joan' three-part sentencing guideline review standard is overly complex and insufficiently deferential, and that a simpler abuse of discretion standard is more appropriate for reviewing discretionary departure decisions.
• The Cleveland Elec. Illuminating Co. v. The Occupational Safety & Health Review Comm'n
  910 F.2d 1333· 6th Cir.· 1990-08-10
  The court should not have reversed the Review Commission's citation against petitioner because the training activities constitute construction work subject to safety regulations.
• Egil D. Lauvik v. Immigr. & Naturalization Serv.
  910 F.2d 658· 9th Cir.· 1990-08-09
  The court held that the INS abused its discretion in denying an extension of treaty investor status based on findings that the investor intended to immigrate permanently and engaged in labor inconsistent with his status.
• United States v. Elbert L. Johnson
  909 F.2d 1440· 10th Cir.· 1990-07-27 ·via Abuse Of Discretion Standard For Continuance
  The court held that the district court did not abuse its discretion in denying a continuance for the defendant's trial, nor did it err in refusing to instruct the jury on reliance on counsel or in its instruction regarding the term 'felony'.
• Guyer v. Beard
  907 F.2d 1424· 3d Cir.· 1990-07-20
  The court held that the district court properly dismissed the inmate's habeas petition because his refusal to sign a limited power of attorney form, necessary for mail delivery and inspection, was contumacious and made adjudication impossible.
• Intrepid v. Pollock
  907 F.2d 1125· Fed. Cir.· 1990-06-29
  The court held that the trial court abused its discretion by denying the plaintiff's motions to amend and supplement its complaint, as the amendments related back to the original filing and the underlying dispute was not moot.
• Hoffman-La Roche Inc. v. Lemmon Co.
  906 F.2d 684· Fed. Cir.· 1990-06-25
  A finding of gross negligence alone is insufficient to establish intent to deceive the PTO for inequitable conduct; the conduct must be viewed in light of all evidence to infer intent. The district court's finding of inequitable conduct based solely on gross negligence is vacated
• Alias Amanuel Alia v. Mich. Supreme Court
  906 F.2d 1100· 6th Cir.· 1990-06-22
  The Sixth Circuit affirmed in part and reversed in part the district court's dismissal. The court held that the Michigan Supreme Court is immune from suit under the Eleventh Amendment. The individual justices are immune from suit for monetary damages under the Eleventh Amendment
• Fagiola v. Nat'l Gypsum Co. AC & S., Inc.
  906 F.2d 53· 2d Cir.· 1990-06-14
  The court held that the district court did not err in admitting the summary witness testimony and documentary evidence, as any issues regarding the summary's fairness or the underlying documents' hearsay nature did not rise to the level of substantial injustice or warrant reversa
• Barrs v. Louis W. Sullivan, M.D.
  906 F.2d 120· 5th Cir.· 1990-06-12
  The court held that the district court did not abuse its discretion in denying the motion to reinstate the case, as the plaintiff failed to timely file his action and did not demonstrate sufficient grounds for equitable tolling or relief under Rule 60(b).
• In re Grand Jury Subpoenas Duces Tecum. Appeal of Duane Wendall Larson and Pamela Ann Larson
  904 F.2d 466· 8th Cir.· 1990-06-08
  The court held that the district court did not abuse its discretion in allowing the IRS Civil Division access to grand jury materials for use in Tax Court litigation.
• Lion Unif., Inc. v. Nat'l Labor Relations Bd.
  905 F.2d 120· 6th Cir.· 1990-06-05
  The Board correctly applied a de novo standard of review to the ALJ's decision on attorney's fees, and substantial evidence supports the Board's conclusion that the General Counsel's position was substantially justified.
• Wineberg v. Wineberg
  559 So. 2d 747· Fla. 2d DCA· 1990-04-20
  The court affirmed the trial court's award of exclusive occupancy of the marital residence but remanded to establish a time limitation for that occupancy.
• Garavito v. United States Immigr. & Naturalization Serv.
  901 F.2d 173· 1st Cir.· 1990-04-17
  The court held that the INS's denial of a visa classification change constituted an abuse of discretion because it was based on a significant factual error regarding the type of visa the appellant entered the United States with.
• United States v. Araneda
  899 F.2d 368· 5th Cir.· 1990-04-13
  The court held that a continuance granted to some defendants does not violate the speedy detention hearing rights of other defendants who did not move for the continuance, unless those defendants acquiesced to the delay.
• Miller v. Union Pac. R.R. Co.
  900 F.2d 223· 10th Cir.· 1990-04-05
  The court held that the district court did not err in its jury instructions regarding the Federal Safety Appliance Acts, expert testimony admissibility, present value of future damages, or the non-taxability of damage awards, and affirmed the judgment.
• AIR Line Pilots Ass'n v. United States Dep't OF Transp.
  899 F.2d 1230· D.C. Cir.· 1990-03-30
  The court held that the Department of Transportation reasonably determined that the Secretary was not required to recuse himself from a matter involving a client of his potential employer, as the financial interest was too attenuated.
• Webster Groves Sch. Dist. v. Pulitzer Publ'g Co.
  898 F.2d 1371· 8th Cir.· 1990-03-27
  The court held that the district court did not err in closing the courtroom and sealing the file in a case involving a handicapped student's educational records, balancing the public's right of access against the minor's privacy interests.
• Claude E. Atkins Enters., Inc. v. The United States
  899 F.2d 1180· Fed. Cir.· 1990-03-20
  The court held that the Claims Court did not abuse its discretion in dismissing the complaint for failure to comply with court orders and that the dismissal did not violate the plaintiff's due process rights.
• United States v. Hughes Anderson Bagley, Jr.
  899 F.2d 707· 8th Cir.· 1990-03-14
  The court held that a felon is not entitled to the return of illegally seized weapons, nor are extraordinary circumstances present to warrant expungement of arrest and indictment records.
• Parthapratim Bhattacharya v. Hal E. Copple, M.D.
  898 F.2d 766· 10th Cir.· 1990-03-12
  The court held that the attorneys' fee determination was an appealable order and that the district court did not abuse its discretion in awarding fees based on an hourly rate rather than the contingent fee agreement.
• United States v. Shangreaux
  897 F.2d 939· 8th Cir.· 1990-03-01
  The court held that the district court did not abuse its discretion in revoking probation and that the defendant was not entitled to credit for time spent in a work release program or pre-revocation detention.
• United States v. Snepp
  897 F.2d 138· 4th Cir.· 1990-02-27
  The court held that the Supreme Court's prior decision did not overrule Marchetti, and therefore the burden remains on the author (Snepp) to seek judicial review if he wishes to publish material disapproved by the CIA.
• Ruiz v. Alegria
  896 F.2d 635· 1st Cir.· 1990-02-23
  The court held that the district court did not abuse its discretion in dismissing the federal claims with prejudice for failure to prosecute and comply with court orders, but the pendent state law claims should have been dismissed without prejudice.
• Robinson v. Bump
  894 F.2d 758· 5th Cir.· 1990-02-22
  The court held that the district court did not err in refusing a jury instruction on negligence per se for failure to wear a seat belt, nor in refusing directed verdict/JNOV motions or a jury instruction on failure to brake, and that lay opinion testimony was admissible.
• Interamerican CAR Rental, Inc. v. Ramondo Icaro
  559 So. 2d 634· Fla. 3d DCA· 1990-02-20
  The court held that the trial court did not err in awarding attorney's fees to the appellee, nor in the amount awarded.
• Rochester Joint Bd., Amalgamated Clothing & Textile Workers Union, Afl-Cio v. Nat'l Labor Relations Bd.
  896 F.2d 24· 2d Cir.· 1990-02-14
  The court held that the National Labor Relations Board did not abuse its discretion in certifying the election despite a premature oral disclosure of its decision to the Union, and denied the Union's request for additional remedies.
• People OF the Territory OF Guam v. Tedtaotao
  896 F.2d 371· 9th Cir.· 1990-02-13
  The court held that the trial court did not abuse its discretion in excluding evidence of the victim's violent character, even though it was relevant to prove the victim was the initial aggressor, because the government had already conceded that point.
• United Bhd. OF Carpenters & Joiners OF Am. v. Nat'l Labor Relations Bd.
  891 F.2d 1160· 5th Cir.· 1990-01-16
  The court held that the National Labor Relations Board's position was substantially justified, meaning it was reasonable in law and fact, thus denying the union's petition for attorney's fees under the Equal Access to Justice Act.
• King v. King
  554 So. 2d 668· Fla. 2d DCA· 1990-01-05
  Florida appellate court affirmed a trial court's award of permanent alimony of $250 per month to the wife in a dissolution of marriage, rejecting the husband's post-judgment argument that changed medical circumstances warrant reversal.
• Consumers Power Co. v. United States Dep't OF Energy
  894 F.2d 1571· Temp. Emer. Ct. App.· 1990-01-02
  The court held that sovereign immunity precludes prejudgment interest against the Department of Energy and that the district court must reconsider attorney fee awards under the EAJA, specifically addressing substantial justification and the prevailing party status.
• The Cyril Bath Co. v. Winters Indus.
  892 F.2d 465· 6th Cir.· 1989-12-20
  The court held that the district court did not err in calculating damages for breach of contract but did err in awarding prejudgment interest because the damages were not readily ascertainable at the time of the breach.
• Nat'l Labor Relations Bd. v. Browne
  890 F.2d 605· 2d Cir.· 1989-11-28
  The court held that the National Labor Relations Board's award of backpay to an employee at the driver's rate, despite his suspended license, was not an abuse of discretion.
• Dole v. MR. W Fireworks, Inc.
  889 F.2d 543· 5th Cir.· 1989-11-16
  The court held that Mr. W's fireworks stand operators are not exempt from the FLSA under the amusement or recreational establishment exemption, and that the district court erred in its calculation of back pay by not fully crediting Mr. W for 'cash advances' taken by operators for
• White v. Invs. Mgmt. Corp.
  888 F.2d 1036· 4th Cir.· 1989-11-06
  The court held that the district court abused its discretion by denying a Rule 60(b) motion to set aside a summary judgment granted while discovery was incomplete and based on an incomplete record.
• Dalton Fernando Gando-Coello v. Immigr. & Naturalization Serv.
  888 F.2d 197· 1st Cir.· 1989-10-30
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings because the petitioner failed to demonstrate that the evidence sought to be offered was not previously available or could not hav
• In re Est. OF Ruth H. Doyle v. NCNB Nat'l Bank
  550 So. 2d 560· Fla. 2d DCA· 1989-10-27
  The court held that the probate judge did not err in ordering a further hearing on the personal representative's petition for compensation or in denying the appellant's attorney's fees at that time.
• Jeff D. v. Andrus
  888 F.2d 617· 9th Cir.· 1989-10-23
  The court held that the district court erred in its interpretation of the Stipulation and Settlement Agreement by excluding certain juveniles from the class definition.
• Uithoven v. U.S. Army Corps OF Eng'rs
  884 F.2d 844· 5th Cir.· 1989-10-02
  The court held that the district court did not err in dismissing Uithoven's frivolous complaint and initiating Rule 11 sanctions, and that the appeal itself was frivolous warranting sanctions.
• Bus. Sys. Leasing, Inc. v. Foothills Auto. Plaza, Inc.
  886 F.2d 284· 10th Cir.· 1989-09-27
  The court affirmed the district court's judgment, holding that the contractual waiver of the duty to mitigate damages was enforceable and that Display Data was entitled to damages for breach of the maintenance agreement.
• Kuebler v. Fla. Power & Light Co.
  548 So. 2d 861· Fla. 4th DCA· 1989-09-13
  Appellants appeal a jury verdict in their favor against Florida Power and Light Company arising from a collision with a downed power line. The appellate court affirmed the judgment, rejecting arguments that the trial court erred in refusing to reinstruct the jury on res ipsa loqu