Abuse Of Discretion (Standard Of Review)

12,338 Florida cases classified under this topic, plus 1,661 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Bernardo Pena v. Choo
  826 F.2d 168· 2d Cir.· 1987-06-12
  The court held that the district court did not abuse its discretion in denying further attempts to secure appointed counsel for the plaintiff.
• Hamilton v. Hamilton
  508 So. 2d 760· Fla. 1st DCA· 1987-06-12
  The court held that terminating rehabilitative alimony and denying modification was an abuse of discretion given the wife's limited prospects for self-support.
• Freeman M. Cooper v. Williamson Cnty. Bd. OF Educ. & Admin. Unit of Williamson Cnty.
  820 F.2d 180· 6th Cir.· 1987-06-02
  The dissenting judge would hold that attorneys' fees are recoverable for post-judgment work performed to protect a client's interests following a favorable judgment, even if the client did not achieve a new success on the merits in that specific proceeding.
• Wilkerson v. Wilkerson
  506 So. 2d 498· Fla. 1st DCA· 1987-05-08
  Patricia Wilkerson appeals a final judgment of dissolution challenging the trial court's award of rehabilitative alimony. The First District Court of Appeal reversed and remanded, finding the trial court abused its discretion by awarding insufficient rehabilitative alimony given
• Hutchinson v. S. Cent. Bell Tel. Co.
  815 F.2d 1058· 5th Cir.· 1987-05-05
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion to set aside a summary judgment to allow for a new theory of liability.
• Fowler v. Gen. Hotel & Rest. Supply Corp.
  505 So. 2d 617· Fla. 3d DCA· 1987-04-14
  Affirmed judgment for defendant in negligence action arising from motor vehicle collision, where evidence supported that plaintiff's vehicle ran a red light while defendant's vehicle had right of way with yellow light.
• Hector Turf & Garden, Inc. v. Calusa Golf, Inc.
  504 So. 2d 42· Fla. 3d DCA· 1987-03-17
  Hector Turf & Garden appeals the trial court's order granting a new trial to Calusa Golf on claims between them, while Toro Company appeals the denial of a directed verdict. The court affirms the new trial as to Hector v. Calusa but reverses the new trial order as to Calusa v. To
• Williams v. Moran Towing & Transp. Co., Inc.
  504 So. 2d 27· Fla. 4th DCA· 1987-03-11
• In re Chicken Antitrust Litig. Foster Food Prods. v. Settlement Admin. Comm.
  810 F.2d 1017· 11th Cir.· 1987-02-19
  The court held that the disallowance of a claim for intra-company purchases was proper because it was inconsistent with the settlement's goals of compensating harmed entities and achieving litigation peace, and was not supported by the class notice.
• United States v. Yarns
  811 F.2d 454· 8th Cir.· 1987-02-10
  The court held that the district court did not err in excluding cross-examination about a witness's past illegal activities and in admitting the defendant's statements about his ability to lie.
• Ernest v. Horvath
  502 So. 2d 475· Fla. 3d DCA· 1987-01-27
• Fiarman v. W. Publ'g Co.
  810 F.2d 85· 6th Cir.· 1987-01-21 ·via Abuse Of Discretion Standard For Attorney'S Fees
  A plaintiff who is unsuccessful at trial, even if reinstated prior to judgment, is not entitled to attorney fees under the catalyst theory if the jury finds no discrimination.
• Garcia v. State
  501 So. 2d 106· Fla. 3d DCA· 1987-01-20
• Luna v. The United States
  810 F.2d 1105· Fed. Cir.· 1987-01-14
  The court held that the Air Force did not abuse its discretion in disbursing a servicemember's full pay and allowances to his wife, nor in allowing withdrawals from his savings account, absent any indication of misconduct or impropriety.
• United States v. Flute
  807 F.2d 758· 8th Cir.· 1986-12-29
  The court held that the district court's ruling sustaining objections to defense counsel's opening statement remarks did not constitute an abuse of discretion, and thus the conviction is affirmed.
• Miller v. Hotel & Rest. Emps. & Bartenders Union, Local 2, Hotel & Rest. Emps. & Bartenders Int'l Union, AFL-CIO
  806 F.2d 1371· 9th Cir.· 1986-12-23
  The court held that the district court erred in awarding attorney fees under the EAJA because the government was not substantially unjustified in proceeding with a hearing after receiving adverse evidence shortly before it.
• Boswell IH Trucks, Inc. v. Division of Workers' Compensation
  498 So. 2d 1042· Fla. 1st DCA· 1986-12-16
  The Florida First District Court of Appeal affirmed an order requiring an employer/carrier to reimburse the Division of Workers' Compensation $270 for costs incurred in preparing an insolvent claimant's appeal record. The court held that when parties settle all issues including a
• Brown v. Nationwide Mut. Ins. Co.
  805 F.2d 1242· 5th Cir.· 1986-12-15
  The court held that while the district court did not abuse its discretion in reducing sanctions, the appeal of that decision was frivolous and warranted additional sanctions.
• Bil-Jax, Inc. v. Williamson
  497 So. 2d 1350· Fla. 4th DCA· 1986-12-03
  The trial court did not abuse its discretion in denying a motion to vacate a final judgment on default because the movant failed to establish excusable neglect.
• McMILLAN v. McMILLAN
  497 So. 2d 1325· Fla. 4th DCA· 1986-11-26
• Desting-Estime v. Immigr. & Naturalization Serv.
  804 F.2d 1439· 9th Cir.· 1986-11-25
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying petitioners' motion to reopen deportation proceedings to redesignate their country of deportation.
• United States v. Oliveri
  806 F.2d 61· 3d Cir.· 1986-11-21
  The court held that the district court did not abuse its discretion in finding the defendant dangerous under the dangerous special offender statute, based on his prior record and statements indicating a disregard for the law and a perception of crime as a career.
• United States v. Baraldini
  803 F.2d 776· 2d Cir.· 1986-10-21
  The court held that the district court did not abuse its discretion in denying a motion for sentence reduction without explanation, as the arguments presented were previously rejected or unsupported.
• Lewis v. Lewis
  494 So. 2d 531· Fla. 1st DCA· 1986-09-25
  The court affirmed the trial court's order requiring mortgage payments to be deposited in the attorney's trust account and discontinuing the appellant's use of those funds for personal expenses pending appeal of an annulment judgment.
• United States v. LEE
  800 F.2d 903· 9th Cir.· 1986-09-24 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the magistrate did not abuse discretion by denying a mistrial for a witness exclusion rule violation and by allowing a victim to display a scar.
• Adams v. Attorney Registration & Disciplinary Comm'n OF the Supreme Court OF Ill.
  801 F.2d 968· 7th Cir.· 1986-09-18
  The court held that a preliminary injunction was properly granted because the Illinois rule prohibiting targeted direct mail advertising by attorneys likely violates the First Amendment, and the district court's findings were entitled to deference.
• Nathalie Norris v. Ariz. Governing Comm. FOR TAX Deferred Annuity & Deferred Comp. Plans
  796 F.2d 1119· 9th Cir.· 1986-08-11
  The court held that the district court did not abuse its discretion by refusing to order the state to 'top up' women's prospective retirement benefits to the level previously paid to men, as neither the law of the case nor the Equal Pay Act Proviso required such a remedy.
• Coleman v. Coleman
  492 So. 2d 782· Fla. 2d DCA· 1986-08-06
  The court held that the ex-husband failed to demonstrate reversible error in the trial court's award of lump sum alimony.
• J.E. Stack, Jr. v. Gamill
  796 F.2d 65· 5th Cir.· 1986-07-30
  The court held that it lacked jurisdiction to hear the appeal because the district court did not clearly abuse its discretion in denying permissive intervention.
• Aliakbar Fazelihokmabad v. Immigr. & Naturalization Serv.
  794 F.2d 1470· 9th Cir.· 1986-07-24
  The Board of Immigration Appeals (BIA) abused its discretion by denying motions to reopen deportation proceedings based on assumptions contradicted by petitioner's evidence and by failing to state valid reasons for its decision.
• Braude v. Commissioner OF Internal Revenue
  808 F.2d 1037· 4th Cir.· 1986-07-16
  The Tax Court has jurisdiction to consider a deficiency raised by the IRS's amended answer, even if the statute of limitations has run on issues not initially in the Notice of Deficiency, provided the claim is asserted before the hearing.
• Dep't OF Energy & Donald Paul Hodel v. Hunt
  798 F.2d 1421· Temp. Emer. Ct. App.· 1986-07-16
  The court held that the district court did not abuse its discretion in denying the Department of Energy's motion to remand the remedial order for reconsideration based on alleged changed circumstances.
• Charan Dass Taneja v. Smith
  795 F.2d 355· 4th Cir.· 1986-07-08
  The court held that the withdrawal of sponsorship by the prospective employer is sufficient grounds to deny a sixth preference visa application, even if the government's processing was careless.
• United States v. 434.00 Acres OF Land More OR Less
  792 F.2d 1006· 11th Cir.· 1986-06-27
  The court held that federal law governs the abandonment of federal easements, and the easements in question were not abandoned or expired. The court also affirmed the trial court's acceptance of the land commission's valuation, finding no clear error.
• Alford v. Alford
  489 So. 2d 1246· Fla. 1st DCA· 1986-06-24
• United States v. Max John "MJ." Probst
  792 F.2d 111· 8th Cir.· 1986-05-30
  The court held that the district judge did not abuse his discretion in refusing to disqualify himself, nor did he err in denying an evidentiary hearing or dismissing the petition.
• Murray Watson v. Collins
  487 So. 2d 419· Fla. 2d DCA· 1986-04-30
• Fernandez v. Suburban Coastal Corp.
  489 So. 2d 70· Fla. 4th DCA· 1986-04-16 ·via Gross Abuse Of Discretion
  In this foreclosure sale case, the appellate court affirmed the trial court's decision to set aside a judicial sale where property was sold for $100 to the only bidder after the mortgagee's agent failed to attend the sale. The court held that gross inadequacy of price, when combi
• Hayes v. Heckler
  785 F.2d 1455· 9th Cir.· 1986-04-04
  The court held that a district court must articulate its reasons for finding the government's position substantially justified when denying EAJA fees.
• Twp. of Franklin Sewerage Auth. v. Middlesex Cnty. Utils. Auth. v. The State OF NEW Jersey
  787 F.2d 117· 3d Cir.· 1986-03-28
  The court held that an appeal from an order denying a motion to dissolve an injunction is limited to reviewing the denial itself, not the original injunction, and requires a showing of changed circumstances.
• W.K.T. Distrib. Co. v. Sharp Elecs. Corp.
  786 F.2d 898· 8th Cir.· 1986-03-27
  The court held that the district court's calculations of recoupment and fraud damages were supported by the record and law, and that vacating the clerk's award of costs was not an abuse of discretion.
• Betty-Louise Felton v. Sec'y, United States Dep't OF Educ., & the Chancellor of the Bd. of Educ. of the City of N.Y.
  787 F.2d 35· 2d Cir.· 1986-03-26
  The court affirmed the district court's order staying the judgment for one year, finding it was within the district court's discretion to manage the equitable remedy.
• Lewis v. Lewis
  485 So. 2d 855· Fla. 2d DCA· 1986-03-12
  The court affirmed the aspects of the dissolution judgment regarding child custody, property division, and alimony, but reversed the award of attorney's fees to the wife.
• Glymph v. Spartanburg Gen. Hosp.
  783 F.2d 476· 4th Cir.· 1986-02-18
  The court affirmed the district court's finding of no discrimination but reversed the award of attorney's fees, finding the plaintiff's claim was not frivolous.
• Constantin Contogeorgos v. Contogeorgos
  482 So. 2d 590· Fla. 4th DCA· 1986-02-07
  In this family law appeal, the Fourth District reversed a trial court's award of permanent alimony to a 29-year-old wife, holding that rehabilitative alimony was the appropriate form of support. The wife's testimony established she was young, healthy, educated, and capable of bec
• White Consol. Indus., Inc. v. Whirlpool Corp.
  781 F.2d 1224· 6th Cir.· 1986-01-29
  The court affirmed the district court's decision to vacate the preliminary injunction, finding that the amended acquisition agreement sufficiently ensured Emerson's independence and viability as a competitor, thus eliminating anti-competitive concerns.
• KEY v. Gillette Co.
  782 F.2d 5· 1st Cir.· 1986-01-24
  The court held that the district court did not abuse its discretion in decertifying the class because the plaintiff's representation was inadequate.
• Montero v. Ilchert
  780 F.2d 763· 9th Cir.· 1986-01-10
• Santee Sioux Tribe OF Nebraska v. United States Dep't OF Labor
  780 F.2d 1356· 8th Cir.· 1985-12-30
  The court held that the Secretary of Labor did not abuse discretion in dismissing the Tribe's untimely request for an administrative hearing on a CETA grant matter.
• United Food & Commercial Workers Union v. Kroger Co.
  778 F.2d 1161-1171· 6th Cir.· 1985-12-10
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to prevent the sale of stores pending arbitration, as the union failed to demonstrate sufficient equitable grounds.