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

• Odell C. Tant v. United States
  656 F.2d 961· 4th Cir.· 1981-08-17
  The court held that the Food and Nutrition Service (FNS) did not abuse its discretion in imposing a sixty-day suspension for food stamp violations, even without a prior warning letter, given the nature and quantity of ineligible items sold.
• SUN First Nat'l Bank OF Orlando v. Santarsiero
  401 So. 2d 946· Fla. 5th DCA· 1981-08-05
• Bowman Transp., Inc. v. Interstate Commerce Comm'n & United States
  643 F.2d 285· 5th Cir.· 1981-04-22
  The court held that the Interstate Commerce Commission acted rationally in refusing to impose a weight restriction on the applicant's express service, as substantial evidence supported the decision.
• Villas OF KEY W., Ltd. v. Harnish
  396 So. 2d 863· Fla. 3d DCA· 1981-04-14
• United States v. Sanders
  644 F.2d 702· 8th Cir.· 1981-03-18
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• Ford Motor Co. v. Herman
  394 So. 2d 1105· Fla. 3d DCA· 1981-03-10
• Nat'l Labor Relations Bd. v. Vulcan-Hart Corp. (ST. Louis Division)
  642 F.2d 255· 8th Cir.· 1981-03-09
  The court held that the National Labor Relations Board abused its discretion in fashioning an overly broad remedy for an unfair labor practice, requiring modification of the order.
• Ware v. Ware
  394 So. 2d 235· Fla. 1st DCA· 1981-02-27
  William Ware appealed a final judgment dissolving his marriage and awarding alimony to his wife. The court affirmed the judgment, finding no abuse of discretion in the trial judge's denial of a continuance motion or in the alimony award.
• Nat'l Labor Relations Bd. v. Columbus HI, Inc.
  652 F.2d 614· 6th Cir.· 1981-02-24
  The court held that the Board did not abuse its discretion in including mentally retarded employees in the bargaining unit and that the alleged pre-election misconduct did not warrant setting aside the election.
• In re Cont'l Inv. Corp.
  637 F.2d 8· 1st Cir.· 1980-12-05
  The court held that the district court did not abuse its discretion in approving the compromise settlement of an adversary proceeding arising from bankruptcy proceedings.
• Nebraska-Iowa Xpress, Inc. v. Interstate Commerce Comm'n & the United States
  646 F.2d 597· D.C. Cir.· 1980-10-24
  The court held that the Commission's decision to grant Film Transport's application to remove a weight restriction was supported by substantial evidence and was not arbitrary, capricious, or an abuse of discretion.
• Matley Baldwin v. Oswald Baldwin
  388 So. 2d 1332· Fla. 4th DCA· 1980-10-08
• Manjula Ghosh v. Attorney General of the United States and Wallace Gray
  629 F.2d 987· 4th Cir.· 1980-09-25
  The court held that the denial of the motion to reopen deportation proceedings was not an abuse of discretion because the motion was not supported by proper affidavits or evidentiary material. The court also affirmed the district court's dismissal of the complaint for declaratory
• Prieto v. Prieto
  388 So. 2d 336· Fla. 4th DCA· 1980-09-24
  In this family law appeal, the former husband challenges a final judgment awarding the former wife the marital home, alimony, child support, and attorney's fees. The court largely affirms the trial court's discretionary award but reverses the automatic twenty percent increase in
• Union Mechling Corp. v. Carmadelle
  624 F.2d 677· 5th Cir.· 1980-08-21
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a new trial based on newly discovered evidence, as the evidence would not have probably changed the outcome.
• Cafferello v. United States Civil Serv. Comm'n
  625 F.2d 285· 9th Cir.· 1980-08-11
  The court held that the Navy did not abuse its discretion in removing Cafferello, finding no procedural errors and that the penalty was not grossly disproportionate to the offenses.
• Friend v. AETNA Fin. Co.
  622 F.2d 1217· 5th Cir.· 1980-08-04
  The court held that denying the plaintiff's motion to alter the judgment after granting the defendant's motion was an abuse of discretion, as it deprived the plaintiff of the opportunity to present all her defenses.
• Anderson v. Anderson
  386 So. 2d 59· Fla. 2d DCA· 1980-07-25
  In this family law appeal, the Florida District Court of Appeal reversed a trial court's custody award to the mother, finding the trial judge abused its discretion by awarding permanent custody to Jennifer Lynn Anderson based solely on Chester Anderson's post-separation adultery,
• THE Fla. BAR. In re Sherman N. Smith
  385 So. 2d 1352· Fla.· 1980-06-12
  The Board of Governors did not abuse its discretion in denying the petitioner's request for a waiver of continuing legal education requirements for designation renewal.
• Allied Fid. Ins. Co. v. Graham
  384 So. 2d 294· Fla. 4th DCA· 1980-06-11
  A bail bondsman appeals the denial of its motion to set aside a judgment of forfeiture entered when a criminal defendant failed to appear in court. The appellate court affirms, finding the trial court properly exercised its discretion in determining the bonding company failed to
• The Cricket Club, Inc. v. Basso
  384 So. 2d 908· Fla. 3d DCA· 1980-06-03 ·via Gross Abuse Of Discretion
  The Cricket Club appeals from a default judgment and $15,500 damages award in a negligence action arising from a slip-and-fall injury. The appellate court affirmed, holding that the trial court did not abuse its discretion in denying the Club's motion to set aside the default or
• In re Est. of Theodore H. Wilisch v. Headley
  384 So. 2d 223· Fla. 3d DCA· 1980-05-27
  The court held that the probate court did not abuse its discretion in finding good cause to extend the time for a creditor to bring an independent action against the estate.
• Nat'l Labor Relations Bd. v. Ohio Masonic Home
  620 F.2d 138· 6th Cir.· 1980-05-15
  The court held that the employer failed to establish that the National Labor Relations Board acted arbitrarily, capriciously, or abused its discretion in certifying the union.
• Fournier v. Fournier
  382 So. 2d 813· Fla. 2d DCA· 1980-04-11
  The court held that the trial court's award of child support was inadequate and constituted an abuse of discretion, warranting an increase.
• Saunders v. Smith
  382 So. 2d 1254· Fla. 4th DCA· 1980-04-09
  The Fourth District Court of Appeal reversed a trial court's grant of a new trial in a personal injury case, holding that a trial judge has no duty to sua sponte strike improper voir dire statements to which opposing counsel has already successfully objected, absent a request for
• United States v. Brown
  617 F.2d 54· 4th Cir.· 1980-03-11
  The denial of a motion to withdraw a guilty plea is affirmed if the district court did not abuse its discretion, considering government prejudice and defendant's reasons.
• In re Grady
  618 F.2d 19· 8th Cir.· 1980-03-10
  The court held that the bankruptcy judge and district court did not abuse their discretion in awarding attorneys' fees.
• United States v. Bayne
  612 F.2d 952· 5th Cir.· 1980-02-28
  The court held that the district court did not abuse its discretion in limiting the defendant's testimony regarding his father's criminal activities and in refusing to allow certain witnesses or evidence.
• Birtwistle v. Birtwistle
  377 So. 2d 54· Fla. 1st DCA· 1979-12-03
• Nash v. Nash
  376 So. 2d 413· Fla. 1st DCA· 1979-10-19
  In this dissolution of marriage case, the husband appeals the trial court's awards of his interest in the marital home as lump sum alimony to the wife and a $5,000 special equity in the restaurant. The appellate court reversed the home award but affirmed the restaurant equity awa
• Linsey C. Hollis v. State
  374 So. 2d 1164· Fla. 4th DCA· 1979-09-19
  Appellant Hollis challenged the denial of his motion to withdraw a guilty plea to second-degree murder, claiming the plea was involuntary because he deferred to counsel's advice and wanted to avoid jail time. The court held that appellate review is available for denials of motion
• Chokloikaew v. Immigr. & Naturalization Serv.
  601 F.2d 216· 5th Cir.· 1979-08-23
  The court held that the immigration judge did not abuse his discretion in denying the alien's application for suspension of deportation.
• Brittingham v. Commissioner OF Internal Revenue
  598 F.2d 1375· 5th Cir.· 1979-07-23
  The court held that the Commissioner erred in allocating income under Section 482 because the two corporations were not controlled by the same interests and the price paid for the tile was an arm's length price.
• United States v. Carden
  599 F.2d 1320· 4th Cir.· 1979-06-20 ·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, even under the more lenient 'fair and just' standard.
• United States v. Calicutt
  598 F.2d 1120· 8th Cir.· 1979-05-11
  The court held that the trial court did not abuse its discretion in denying a continuance and that sufficient evidence supported the jury's verdict.
• United States v. Short
  597 F.2d 1122· 8th Cir.· 1979-04-30
  The court affirmed the conviction, finding the sentence within the district court's discretion despite the concurring judge's disagreement.
• Bernardina Arnold v. Duval Cnty. Sch. Bd.
  367 So. 2d 1025· Fla. 1st DCA· 1978-11-22
• Sheffield v. State
  363 So. 2d 620· Fla. 1st DCA· 1978-10-31
  Florida appellate court affirmed conviction for robbery with a firearm but vacated the illegal sentence provision restricting parole eligibility.
• Melton v. Louie L. Wainwright
  363 So. 2d 615· Fla. 1st DCA· 1978-10-30
  The court held that the Parole and Probation Commission did not abuse its discretion in revoking parole under the given circumstances.
• Patnik v. Patnik
  362 So. 2d 979· Fla. 3d DCA· 1978-09-12
• Evelio Rosell v. Rosell
  362 So. 2d 86· Fla. 3d DCA· 1978-08-15
  The court held that the trial court did not abuse its discretion in denying modification of child support or in requiring each party to pay their own attorneys' fees, but modified the order to strike language that could imply a contempt finding.
• Mars Equip. Corp. v. United States
  580 F.2d 248· 7th Cir.· 1978-07-21 ·via Abuse Of Discretion Standard For Discovery Rulings
  Treasury Regulation § 48.4181-2(c) is a reasonable definition of 'firearm' for excise tax purposes, including antique muzzle-loading guns and replicas.
• Praphat Phatanakitjumroon v. Immigr. & Naturalization Serv.
  577 F.2d 84· 9th Cir.· 1978-06-19
• Bradley Inv., Inc. v. Vimy Inv., Inc.
  359 So. 2d 904· Fla. 4th DCA· 1978-06-14
  The court held that the trial judge erred in vacating an abatement order when the underlying foreign litigation was still ongoing.
• Krischer v. Krischer
  358 So. 2d 854· Fla. 3d DCA· 1978-05-09
  Trial court's modification of divorce judgment increasing alimony but denying increased child support and attorney's fees was affirmed because substantial competent evidence supported the trial court's discretionary determinations.
• United States v. Runner
  574 F.2d 966· 8th Cir.· 1978-04-26
  Corroboration of the victim's testimony is not required to establish guilt beyond a reasonable doubt in an incest case. Evidence of prior incestuous acts may be admitted to rehabilitate a witness whose testimony has been impeached.
• Polar Enters., Inc. v. Royal Netherlands S.S. Co.
  357 So. 2d 477· Fla. 3d DCA· 1978-04-18
• Pezzillo v. Gen. Tel. & Elecs. Info. Sys., Inc.
  572 F.2d 1189· 6th Cir.· 1978-03-31
  The court held that the employer was not entitled to the administrative employee exemption under the FLSA and affirmed the district court's award of back wages, liquidated damages, and attorney fees.
• Dixon v. Moody
  352 So. 2d 950· Fla. 1st DCA· 1977-12-13
  Trial court properly admitted evidence of appellant's assets in a child support modification proceeding and did not abuse its discretion in increasing the support award.
• Knoefler v. Schneider
  565 F.2d 1072· 9th Cir.· 1977-11-28 ·via Abuse Of Administrative Discretion
  The court held that the Knoeflers' suit for injunctive relief and damages was properly dismissed because 26 U.S.C. § 7421 bars injunctions against tax collection unless specific conditions are met, which were not satisfied here.