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

• Delfino Sanchez-Marquez v. United States Immigr. & Naturalization Serv.
  725 F.2d 61· 7th Cir.· 1984-01-10
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings, as the expunction of his conviction did not remove the independent evidentiary support for the finding of deportability.
• Lafler v. Burlington N., Inc.
  724 F.2d 98· 8th Cir.· 1984-01-06
  The court held that the admission of the defendant's expert testimony was not an abuse of discretion, as the plaintiff opened the door to inquiry into his personal history by putting his psychological state in issue.
• Richmond Tank CAR Co. v. Nat'l Labor Relations Bd.
  721 F.2d 499· 5th Cir.· 1983-12-19
  The Board abused its discretion by refusing to defer to the arbitrator's award, as the arbitrator did consider the employee's protected activity when evaluating his conduct.
• United States v. Owens
  723 F.2d 64· 10th Cir.· 1983-12-12
  The court held that the trial court did not abuse its discretion by admitting the prior criminal convictions of inmate-witnesses after carefully weighing prejudice against probative value.
• Hewitt v. Joyce Beverages OF Wis., Inc.
  721 F.2d 625· 7th Cir.· 1983-11-28
  The court held that the district court's order certifying the case for interlocutory appeal under 28 U.S.C. § 1292(b) was proper, despite not strictly adhering to the statutory language, and that the district court did not abuse its discretion in decertifying the plaintiff class.
• Donovan v. United Steelworkers OF Am.
  721 F.2d 126· 3d Cir.· 1983-11-15
  The court held that the district court did not abuse its discretion in denying the incumbent union officer's motion to intervene as untimely.
• Shurtleff v. Stephen o. Parker
  440 So. 2d 617· Fla. 1st DCA· 1983-11-10
  The court held that the trial court abused its discretion in refusing to extend rehabilitative alimony for the six-month period contemplated by the parties' agreement.
• Spey v. Hayward T. Hayes
  440 So. 2d 599· Fla. 1st DCA· 1983-11-07
  The court affirmed the trial judge's discretionary determination that modified plans for property improvements would bring the property into compliance with Santa Rosa Island Protective Covenants, rejecting both the appellants' demand for destruction and the appellees' cross-appe
• Schlomann v. Ramsdell
  720 F.2d 20· 8th Cir.· 1983-11-01
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment.
• United States v. Hope
  714 F.2d 1084· 11th Cir.· 1983-09-16 ·via Abuse Of Discretion Standard For Continuance
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in granting a continuance under the Speedy Trial Act, and that the Attorney General's authority to add precursors to the controlled substances list was constitutional.
• United States & J. Boyd Gee v. Berney
  713 F.2d 568· 10th Cir.· 1983-07-15
  The court held that the district court did not abuse its discretion in denying the motion to dismiss for failure to prosecute, that the IRS summons was not vague or overbroad, and that the IRS's compliance with the Privacy Act is not a defense to summons enforcement.
• United States v. Feldman
  711 F.2d 758· 7th Cir.· 1983-06-29
  The court held that the jury instructions, when read as a whole, sufficiently apprised the jury that they could convict only if they found the defendant knowingly and intentionally participated in the scheme to defraud with the specific purpose of defrauding Merrill Lynch, and th
• Diversified Dev. Grp., Inc. v. Bowers
  433 So. 2d 678· Fla. 2d DCA· 1983-06-29
  Diversified Development Group and its vice-president Gordon Simpson appealed the denial of their motion to vacate a default judgment entered by the trial court. The appellate court affirmed the denial, holding that the trial court did not abuse its discretion given the conflictin
• Ducommun v. Commissioner OF Internal Revenue
  732 F.2d 752· 10th Cir.· 1983-06-24
  The Tax Court's dismissal of the taxpayers' actions for failure to prosecute was not an abuse of discretion.
• Tomaz L. Romero v. Dep't OF THE Army
  708 F.2d 1561· 10th Cir.· 1983-06-07
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and had a rational basis, and that no prejudicial error occurred in the proceedings.
• Se. Fid. Ins. Co. v. Rodgers
  430 So. 2d 603· Fla. 4th DCA· 1983-05-04
• United States v. Brice Earl Christians
  702 F.2d 740· 8th Cir.· 1983-03-29
  The court held that the district court did not abuse its discretion in sentencing the appellant under section 5010(c) of the Youth Corrections Act.
• United States v. Feather
  702 F.2d 736· 8th Cir.· 1983-03-28
  The court held that the trial court did not abuse its discretion in denying the motion for an independent expert, admitting photographs of the victim's injuries, or limiting cross-examination regarding the victim's marital status.
• Airport Shuttle-Cincinnati, Inc. v. Nat'l Labor Relations Bd.
  703 F.2d 220· 6th Cir.· 1983-03-25
  The court held that the Board did not err in finding employees ineligible to vote and that the petitioner wrongfully refused to bargain with the certified union.
• Schaefer v. Nat'l Labor Relations Bd.
  702 F.2d 57· 3d Cir.· 1983-03-11
• Mentelos v. Mentelos
  425 So. 2d 1206· Fla. 3d DCA· 1983-02-01
• Bayes v. City OF Hollywood
  426 So. 2d 1078· Fla. 4th DCA· 1983-01-26
  A Florida appellate court granted certiorari to review a conviction for operating coin-operated movie machines without required municipal license decals. The court found that the circuit court erred by failing to address on the merits the petitioner's defense that the City had re
• City OF Hialeah v. Hurrell
  423 So. 2d 994· Fla. 3d DCA· 1982-12-28
  The appellate court affirmed the trial court's order granting a new trial after a jury verdict for the City of Hialeah. The court found sufficient support in the record for the trial court's conclusion that the jury verdict was contrary to the manifest weight of the evidence, des
• United States v. Wendt
  698 F.2d 933· 8th Cir.· 1982-12-22 ·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the prosecutor's comment during closing argument, while close to the line, did not impermissibly refer to the defendant's failure to testify and thus did not warrant a mistrial.
• United States v. ROX
  692 F.2d 453· 6th Cir.· 1982-11-12 ·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of offenses was proper under Rule 8(a) and the denial of severance under Rule 14 was not an abuse of discretion.
• United States v. 82.46 Acres OF Land
  691 F.2d 474· 10th Cir.· 1982-10-22
  The Secretary must make a substantiated determination of present and future land uses before acquiring federal land through condemnation under FLPMA.
• Richmond Hilton Assocs. v. The City OF Richmond
  690 F.2d 1086· 4th Cir.· 1982-09-30
  The court held that the district court erred in disqualifying the law firm, as there was no actual conflict of interest between the defendants represented in their official and individual capacities.
• Ofelia Bakia and Mihai Bakia v. Cnty. OF LOS Angeles OF the State OF Cal.
  687 F.2d 295-299· 9th Cir.· 1982-09-14
  The court held that a trial court must provide a statement of reasons and findings when dismissing a case under Rule 19, as the standard of review is abuse of discretion and adequate appellate review requires such a record.
• In re Brielle Assocs. v. Graziano
  685 F.2d 109· 3d Cir.· 1982-08-19
  The bankruptcy court had jurisdiction to reconsider a disallowed claim under Bankruptcy Rule 307, and its decision not to reopen the claim was not an abuse of discretion.
• Johnson v. Landmark First Nat'l Bank & Joseph Gunther
  415 So. 2d 161· Fla. 4th DCA· 1982-06-23
  The Johnsons appealed the trial court's dismissal of their fraud and Securities Act complaint after their attorney failed to appear at hearings and comply with court orders. The appellate court affirmed the dismissal, holding that while dismissal is a severe sanction, the trial c
• Heinz Dinter and Martha Dinter v. Potter
  414 So. 2d 582· Fla. 1st DCA· 1982-05-12
• Pitts v. Pitts
  412 So. 2d 404· Fla. 3d DCA· 1982-04-06
  In this divorce appeal, the ex-wife challenges the trial court's award of half the marital home and $1,200/month rehabilitative alimony for three years following a ten-year marriage. The Florida appellate court affirmed the award, finding no abuse of discretion and rejecting the
• Hamilton v. Firestone Tire & Rubber Co., Inc.
  679 F.2d 143· 9th Cir.· 1982-03-26
  The court held that the district court did not abuse its discretion in dismissing the complaint without prejudice under Rule 41(a)(2) to allow the plaintiff to pursue a parallel state court action, as the defendant did not demonstrate plain legal prejudice.
• In re Bailey's Beauticians Supply Co.
  671 F.2d 1063· 7th Cir.· 1982-03-09
  A bankruptcy court has the power to dismiss an involuntary petition under the Bankruptcy Act of 1898 when doing so will enhance the rights of the creditors, and such a decision is reviewed for abuse of discretion.
• Gammal v. Merit Sys. Prot. Bd. & Dep't of Hous. & Urban Dev.
  671 F.2d 654· 1st Cir.· 1982-02-24
  The court held that the Merit Systems Protection Board did not abuse its discretion in affirming the appellant's removal for being absent without leave, as the appellant failed to follow proper procedures to challenge the comparability of the offered position.
• United States v. Woodard
  671 F.2d 1097· 8th Cir.· 1982-02-22
  The court held that the trial court did not abuse its discretion in admitting rebuttal alibi testimony despite a Rule 12.1 violation, nor in refusing to allow defense counsel to withdraw.
• Adams v. Freel
  409 So. 2d 1176· Fla. 5th DCA· 1982-02-17
  Adams & Hill, a law partnership, appealed a judgment in favor of defendant Freel, arguing the trial court abused its discretion by allowing Freel to file late answers to requests for admissions. The court affirmed, holding that a trial court may allow untimely answers to requests
• Providence & Worcester R.R. Co. v. United States & Interstate Commerce Comm'n
  666 F.2d 736· 1st Cir.· 1981-12-24
  The court held that the ICC's decision to dismiss Providence and Worcester Railroad's complaint was supported by substantial evidence, finding no violation of the Interstate Commerce Act regarding traffic diversion and routing.
• Cerrito v. Kovitch
  406 So. 2d 125· Fla. 4th DCA· 1981-12-09
  The Fourth District Court of Appeal reversed a trial court's order requiring appellants to post a supersedeas bond equal to the outstanding mortgage balance plus 15% to stay a foreclosure sale pending appeal. The court held that Florida Appellate Rule 9.310(b)(1)'s automatic bond
• Fla. GAS Co. v. Spectra-Physics, Inc.
  406 So. 2d 1280· Fla. 1st DCA· 1981-12-09 ·via Abuse Of Discretion Standard For Attorney'S Fees
  The court affirmed summary judgment for Spectra-Physics but reversed the award of travel expenses for the opposing party's attorney, holding that such expenses are not awardable as costs absent special contractual or statutory provisions.
• Selznick v. Selznick
  407 So. 2d 246· Fla. 3d DCA· 1981-11-24
  The appellate court affirmed the trial court's judgment, finding no abuse of discretion in its denial of alimony and special equity claims.
• Quintana v. Harris
  663 F.2d 78· 10th Cir.· 1981-11-04
  The court held that the trial court's denial of a Rule 59(e) motion without specific reasons or findings necessitates a remand for clarification.
• Arnold v. Miller
  404 So. 2d 1166· Fla. 1st DCA· 1981-10-22
  Mother appealed the trial court's denial of her petition to modify an Ohio child support decree, seeking increased child support from the father. The appellate court held that the trial judge abused his discretion in denying the modification petition given the significant changes
• Greyhound Lines, Inc. v. Interstate Commerce Comm'n & United States
  667 F.2d 151· D.C. Cir.· 1981-10-09 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission's (ICC) finding of public convenience and necessity was supported by substantial evidence and not arbitrary, capricious, or an abuse of discretion, specifically approving the use of adoption testimony.
• Wiggins v. Feltus M. Leinenweber
  404 So. 2d 778· Fla. 1st DCA· 1981-09-29
  In a dispute over mortgage liability following bankruptcy sales of mortgaged property, the Florida District Court of Appeal reversed the trial court's determination that the Wiggins purchased their property subject to the entire mortgage lien, holding instead that property purcha
• Wattson v. Olsen
  660 F.2d 358· 8th Cir.· 1981-09-28
  The court held that the district court did not abuse its discretion in dismissing the inmates' complaint as frivolous.
• Glades Gen. Hosp. & Ahmed H. Barhoush, M.D. v. Louis
  411 So. 2d 1318· Fla. 4th DCA· 1981-09-16
  In this medical malpractice case, defendants sought emergency certiorari to overturn a trial court's discovery order allowing plaintiff to depose newly disclosed witnesses during a period when defense counsel were unavailable due to another trial. The appellate court upheld the t
• Syntex Agribusiness, Inc. v. United States Int'l Trade Comm'n
  659 F.2d 1038· C.C.P.A.· 1981-08-27
  The court held that the International Trade Commission (ITC) correctly dismissed Syntex's revised complaint because it failed to provide adequate factual support for its allegations of monopolization and conspiracy, thus not meeting the requirements for a section 337 investigatio
• Martin Marietta Cement Corp. v. Country Club Assocs., Inc.
  402 So. 2d 1324· Fla. 4th DCA· 1981-08-26
  The appellate court held that the trial court did not abuse its discretion in granting a new trial because the jury verdict was against the manifest weight of the evidence.
• Methodist Hosp. Found., Inc. v. Elysabeth D. Irvin
  403 So. 2d 496· Fla. 1st DCA· 1981-08-21
  Methodist Hospital Foundation and Dr. Gary Dopson appealed the denial of their motion to change venue from Duval County to Baker County in a medical malpractice action. The court affirmed the denial, holding that because Methodist and Dopson reside in different counties, plaintif