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

• Lakeshore Terminal & Pipeline Co. v. Def. Fuel Supply Ctr. & Mil. Traffic Mgmt. Command
  777 F.2d 1171· 6th Cir.· 1985-12-05
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court.
• State v. Eladio Alfonso
  478 So. 2d 1119· Fla. 4th DCA· 1985-11-13
  The appellate court reversed the trial court's dismissal of charges, finding that the state had not abused its discretion by failing to fully comply with an order to disclose informant identities and addresses, as it had divulged all information in its possession.
• Greenstein v. Greenstein
  479 So. 2d 154· Fla. 3d DCA· 1985-11-12
  The appellate court affirmed a dissolution judgment but modified it to retain jurisdiction for future alimony considerations. The court also strongly disapproved of the husband's counsel's tactic of raising frivolous cross-appeal issues solely to manipulate the court's decision.
• Clayton v. Thurman
  775 F.2d 1096· 10th Cir.· 1985-09-30
  The court affirmed the award of attorneys' fees and costs to the prevailing plaintiffs in a § 1983 action, finding no abuse of discretion in the trial court's determination of prevailing party status, reasonable hours, rates, and enhancement for exceptional success. The court dis
• Tasby v. Black Coal. TO Maximize Educ.
  771 F.2d 849· 5th Cir.· 1985-09-20
  The court held that the district court did not abuse its discretion by approving a motion to establish South Dallas Educational Centers, a remedial program that involved returning some minority students to neighborhood schools, as it was tailored to address specific achievement g
• City OF Melbourne v. A.T.S. Melbourne, Inc.
  475 So. 2d 270· Fla. 5th DCA· 1985-09-05
  The City of Melbourne sought a writ of certiorari to prevent its attorney from being deposed by A.T.S. Melbourne, Inc. in an action seeking to enjoin operation of a topless bar. The court held that the trial court did not abuse its discretion in allowing the deposition, provided
• Blais v. Blais
  472 So. 2d 782· Fla. 5th DCA· 1985-06-27
  Mary Elizabeth Blais appealed an order denying her motion to set aside a property settlement agreement in a marriage dissolution case. She claimed her ex-husband Michael Roland Blais committed fraud by concealing assets, but the trial court found all substantial assets had been d
• United States v. Charmley
  764 F.2d 675· 9th Cir.· 1985-06-26
  The court held that the district court did not err in refusing to instruct the jury on duress, denying a mistrial, or ruling on the admissibility of prior convictions for impeachment.
• Parton v. Wyrick
  766 F.2d 336· 8th Cir.· 1985-06-25
  The court held that the district court did not abuse its discretion in excluding impeachment testimony due to insufficient foundation.
• Hawthorne v. State
  470 So. 2d 770· Fla. 1st DCA· 1985-06-07
  Joyce Hawthorne appeals her third conviction for manslaughter in the shooting death of her husband, after two prior murder convictions were reversed. The court reverses again, finding that the prosecution improperly used an illegally obtained statement indirectly during cross-exa
• United States v. State OF Wash.
  761 F.2d 1419· 9th Cir.· 1985-05-29
  The court held that the State of Washington was properly held in contempt for violating a prior injunction regarding Indian treaty fishing rights and that the injunction preventing state interference with tribal fishing for allocation purposes was appropriate.
• Md. Dep't OF Human Res. v. Dep't OF Health & Human Servs.
  762 F.2d 406· 4th Cir.· 1985-05-23 ·via Abuse Of Agency Discretion
  The court held that the Department of Health and Human Services (HHS) acted within its statutory authority and was not arbitrary in requiring the state to bear the financial responsibility for erroneous AFDC payments.
• Cole v. Benson
  760 F.2d 226· 8th Cir.· 1985-04-26
  The court affirmed the denial of temporary and preliminary injunctive relief, finding no abuse of discretion by the district court in deferring to prison officials' decisions on inmate placement.
• Percival Philips v. Marshall Berwick Chevrolet, Inc.
  467 So. 2d 1068· Fla. 4th DCA· 1985-04-24
  Filing of interrogatories within one year prior to a motion to dismiss for failure to prosecute constitutes sufficient record activity to preclude dismissal, unless the discovery is patently repetitious.
• McINTOSH v. McINTOSH
  468 So. 2d 381· Fla. 1st DCA· 1985-04-23
  Barbara Lou McIntosh appealed a divorce judgment challenging the award of $400 per month permanent alimony, denial of the marital home as lump sum alimony, and allegedly inadequate attorney's fees. The court affirmed the alimony awards but reversed and remanded regarding $1,500 i
• Sponholtz v. The Est. OF Ivan Erling Sponholtz
  468 So. 2d 385· Fla. 3d DCA· 1985-04-23
  The trial court did not abuse its discretion in relying on the estate's expert witness testimony regarding the present value of the alimony claim.
• Corley v. Jackson Police Dep't
  755 F.2d 1207· 5th Cir.· 1985-03-29
  The court held that the trial court did not abuse its discretion in denying appellants' motion to intervene because the motion was untimely.
• Bruland v. Howerton
  606 F. Supp. 333· S.D. Fla.· 1985-03-27
  The court affirmed the INS's imposition of fines, holding that the plaintiffs' defenses of estoppel, duress, and due diligence were not applicable or established.
• United States v. Johnson
  756 F.2d 453· 6th Cir.· 1985-03-06
  The court held that a jury instruction referring to a reasonable inference of intent, rather than a presumption, did not violate Sandstrom, and that singling out a defendant's testimony regarding their interest in the outcome was not reversible error.
• Fach v. Off. OF Pers. Mgmt.
  755 F.2d 167· Fed. Cir.· 1985-02-25
  The court held that the agency-initiated disability retirement procedures under 5 C.F.R. Subpart L, not the voluntary retirement medical submission requirements under 5 C.F.R. § 831.502, governed the agency's application.
• Ohio-Sealy Mattress Mfg. Co. v. Duncan
  749 F.2d 1560· 11th Cir.· 1985-01-10
  The trial court did not abuse its discretion in denying the plaintiff's motion to compel discovery and quashing the subpoena, given the plaintiff's repeated and significant changes to the information sought.
• RAY v. United States
  751 F.2d 272· 8th Cir.· 1984-12-28
  The court held that the district court did not abuse its discretion in denying the defendant's conspiracy defense and that the defendant's petition under 28 U.S.C. § 2255 lacked merit.
• Butts v. Nat'l Collegiate Athletic Ass'n
  751 F.2d 609· 3d Cir.· 1984-12-20
  The court held that the district court did not abuse its discretion in denying a preliminary injunction against the NCAA bylaw, as the appellants failed to demonstrate a reasonable probability of success on the merits.
• Exxon Corp. v. Berwick BAY Real Est. P'rs
  748 F.2d 937· 5th Cir.· 1984-12-03
  The court held that Berwick Bay failed to demonstrate a likelihood of success on the merits of its appeal, and therefore denied its motion to stay the preliminary injunction.
• Kremer v. Kremer
  459 So. 2d 472· Fla. 2d DCA· 1984-11-28
  The appellate court held that the trial judge abused his discretion by failing to award the wife a one-half interest in a major marital asset titled solely in the husband's name.
• State v. Moya
  460 So. 2d 446· Fla. 3d DCA· 1984-11-27
  The State appeals from a trial court order granting defendant Moya a new trial after a jury convicted him of kidnapping and sexual battery. The appellate court affirms because the prosecutor made an impermissible comment on the defendant's failure to testify, constituting fundame
• Moon v. Secretary, United States Dept. OF Labor
  747 F.2d 599· 11th Cir.· 1984-11-26
  The court held that the Department of Labor's decision not to pursue enforcement proceedings against Roadway Express was subject to judicial review under the Administrative Procedure Act's arbitrary and capricious standard, and that the decision was not arbitrary or capricious.
• Clifford v. Janklow
  747 F.2d 1229· 8th Cir.· 1984-11-08
  The court held that the district court did not abuse its discretion in awarding attorney's fees to the prevailing party.
• United States v. Hood
  748 F.2d 439· 8th Cir.· 1984-11-05
  The court held that the district court did not err in denying the motion to suppress, ruling on impeachment, or refusing the accomplice jury instruction, and affirmed the conviction.
• Smith v. Cmta-Iam Pension Tr.
  746 F.2d 583-587· 9th Cir.· 1984-11-02 ·via Abuse Of Discretion Standard For Fee Awards
  The court held that the district court abused its discretion by failing to consider a settlement agreement clause regarding attorney's fees when denying the plaintiff's motion for fees.
• Boston Carrier, Inc. v. Interstate Commerce Comm'n & United States
  746 F.2d 1555· D.C. Cir.· 1984-10-30
  The court affirmed the Interstate Commerce Commission's denial of Boston Carrier, Inc.'s application for motor common carrier authority, finding substantial evidence supported the Commission's conclusion that the applicant was not fit to operate.
• United States v. DeBORDEZ
  741 F.2d 182· 8th Cir.· 1984-08-20
  The court held that the district court did not err in denying the motion for acquittal, the motion for severance, or the motion to exclude prior conviction evidence.
• United States v. Clegg
  740 F.2d 16· 9th Cir.· 1984-08-14
  The court held that the district court did not abuse its discretion in ordering the disclosure of classified information relevant to the defense, and that appellate jurisdiction exists under CIPA.
• Spiro Anast v. United States Parole Comm'n
  739 F.2d 403· 8th Cir.· 1984-07-30
  The court held that the Parole Commission did not abuse its discretion in setting a parole date above the applicable guidelines, as it established good cause for its decision.
• Coop. Power Ass'n v. Fed. Energy Regulatory Comm'n
  739 F.2d 390· 8th Cir.· 1984-07-25
  The court held that the Federal Energy Regulatory Commission (FERC) has no power to suspend a rate once it has become effective, even upon granting a rehearing, absent an abuse of discretion.
• Nat'l Labor Relations Bd. v. THE Westin Hotel
  738 F.2d 765· 6th Cir.· 1984-07-24
  The court held that the NLRB did not abuse its discretion in determining the maintenance employees constituted an appropriate bargaining unit.
• Goldworn v. The Est. OF Frederick B. DAY
  452 So. 2d 659· Fla. 3d DCA· 1984-07-17
  A co-personal representative of an estate appeals the denial of attorney's fees incurred in defending against a beneficiary's lawsuit alleging waste and maladministration. The court affirmed the denial, holding that attorney's fees from estate funds are only proper when the servi
• Krey v. United States
  738 F.2d 107· 3d Cir.· 1984-07-05
  The court held that the Railroad Retirement Board did not err in reducing the petitioner's annuity and did not abuse its discretion in refusing to waive the recovery of an overpayment.
• Landi v. Phelps
  740 F.2d 710· 9th Cir.· 1984-07-03
  The court held that federal courts cannot enjoin state court proceedings merely because they interfere with a protected federal right or invade an area preempted by federal law, and that federal courts do not have exclusive jurisdiction over litigation involving property rights d
• Gen. Motors Corp. v. United States Env't Prot. Agency & William Ruckelshaus
  738 F.2d 97· 3d Cir.· 1984-06-27
  The court held that the Administrator's denial of petitioners' request for new rulemaking to extend the compliance deadline was not arbitrary, capricious, or an abuse of discretion.
• Null v. State
  451 So. 2d 1048· Fla. 4th DCA· 1984-06-27
  Tony Michael Null appealed the trial court's denial of his motion to suppress blood test results from a DWI case where he was involved in a fatal vehicular collision. The court affirmed the denial, holding that the blood test was properly obtained and that appellant's nolo conten
• Hall v. Hall
  738 F.2d 718· 6th Cir.· 1984-05-03
  The court held that a trial court's denial of attorney's fees under 42 U.S.C. § 1988 based on the plaintiff's obnoxious behavior constituted an abuse of discretion, as such behavior does not rise to the level of special circumstances required to deny fees.
• B.R. Fries & Assocs., Inc. v. Filomena Meagher and John P. Meagher
  448 So. 2d 1211· Fla. 3d DCA· 1984-04-24 ·via Gross Abuse Of Discretion
  B.R. Fries & Associates sought to set aside a default judgment entered against it after the defendant failed to file responsive pleadings. The Florida appellate court affirmed the trial court's denial of the motion to vacate, finding no gross abuse of discretion.
• Otherson v. Dep't of Just.
  728 F.2d 1513· D.C. Cir.· 1984-03-06
  The court held that the temporary suspension of a federal employee pending trial on job-related criminal charges, based on an indictment, is permissible under statute and does not violate due process.
• Merida v. Merida
  445 So. 2d 705· Fla. 4th DCA· 1984-02-29
• Crane v. Crane
  728 F.2d 439· 10th Cir.· 1984-02-23
  The court held that the trial court did not err in admitting blood alcohol evidence, allowing inquiry into the defendant's arrest, instructing the jury on contributory negligence, or in its handling of the jury's damage award, and therefore affirmed the judgment.
• Glenn v. 1050 Corp.
  445 So. 2d 625· Fla. 3d DCA· 1984-02-07
  The appellate court affirmed the trial court's grant of a preliminary injunction, finding no abuse of discretion.
• Kelley v. Kelley
  444 So. 2d 588· Fla. 2d DCA· 1984-02-03
  In a dissolution of marriage case, the appellate court reversed and remanded the trial court's final judgment regarding alimony and child support, finding that the husband's financial obligations exceeded his demonstrated ability to pay. The court affirmed the trial court's denia
• In re the Petition of Billy F. Price & Henriette von Schirach v. Price
  723 F.2d 1193· 5th Cir.· 1984-01-30
  The court held that review of Rule 27 orders should generally be declined once the anticipated action has been filed and the depositions have been taken.
• Hemingway v. Ochsner Clinic and/or Ochsner Found. Hosp.
  722 F.2d 1220· 5th Cir.· 1984-01-16
  The court held that the trial judge did not err in limiting the malpractice damages to a specific 36-day period and a $15,000 award, as the evidence only supported liability for one incident and did not prove damages beyond that period.