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

• Koeppel v. Koeppel
  351 So. 2d 766· Fla. 3d DCA· 1977-11-15
  The appellate court affirmed the trial court's decisions regarding alimony, child support, property division, and attorney's fees, finding no abuse of discretion.
• MAY v. Commissioner OF Internal Revenue
  553 F.2d 1207· 9th Cir.· 1977-05-12
  The denial of a motion to intervene, when intervention is a matter of discretion, is appealable only upon a clear abuse of discretion.
• Fredrickson Motor Express Corp. v. Interstate Commerce Comm'n & the United States
  546 F.2d 104· 5th Cir.· 1977-01-28 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Interstate Commerce Commission has the authority to approve tariff provisions that combine the weight of interstate and intrastate traffic for the purpose of assessing interstate freight charges, even though it cannot regulate intrastate rates directly.
• Masaki Higa v. McLUCAS
  549 F.2d 152· 9th Cir.· 1977-01-27
  The court held that the Civil Service Commission did not abuse its discretion or act arbitrarily and capriciously in denying Higa's administrative appeal as untimely.
• Daurelle v. Beech Aircraft Corp.
  341 So. 2d 204· Fla. 4th DCA· 1976-12-17
  Widows and representatives of two physicians killed in a Beechcraft airplane crash appealed the trial court's dismissal of their wrongful death actions for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). The court held that private investigation and behind-the
• Bone v. Bone
  334 So. 2d 142· Fla. 1st DCA· 1976-06-30
  In a dissolution of marriage case, the trial court awarded custody of a three-year-old child to the father based partly on citing a First District case that was subsequently reversed by the Florida Supreme Court. The appellate court affirmed the custody award, holding that remand
• United States v. Kane
  537 F.2d 310· 8th Cir.· 1976-06-23
  The court held that the Major Crimes Act supersedes the 1868 Sioux Treaty regarding criminal jurisdiction and that the trial court did not abuse its discretion in denying a motion for transfer of venue.
• J. R. Youngdale Constr. Co., Inc. v. The United States
  536 F.2d 369· Ct. Cl.· 1976-06-16
  The court affirmed the denial of the plaintiff's motion for summary judgment and granted the defendant's cross-motion, dismissing the petition because the ASBCA did not abuse its discretion in refusing to waive a 6-day delay in filing an appeal.
• Margo Gravel and David Gravel v. Blue Cross OF Fla., Inc.
  334 So. 2d 158· Fla. 3d DCA· 1976-06-15
  The circuit court departed from essential requirements of law by reversing the trial court's order granting a new trial.
• United States v. Gannaway
  536 F.2d 784· 8th Cir.· 1976-06-09
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to restore a barricade on a road within a public use area.
• In re Int'l House OF Pancakes Franchise Litig. Glen P. Ellis v. Int'l Indus., Inc.
  536 F.2d 261· 8th Cir.· 1976-06-07
  The court held that the district court did not abuse its discretion in denying the appellant's motion for exclusion from the class action, nor did it violate his constitutional rights.
• Preston v. Preston
  333 So. 2d 101· Fla. 4th DCA· 1976-06-04
• Doane v. Doane
  330 So. 2d 753· Fla. 2d DCA· 1976-04-21
  In this dissolution of marriage appeal, the court affirmed the trial judge's alimony and child support awards but reversed the custody decision separating siblings and the order to partition and sell the marital home. The court held that absent compelling reasons, siblings should
• Philadelphia Cmty. Cable Coal. v. Fed. Commc'ns Comm'n
  531 F.2d 1240· 3d Cir.· 1976-03-19 ·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court denied petitions to vacate FCC orders regarding cable television franchise transfers.
• Neff v. VAN Zandt, Inc.
  323 So. 2d 291· Fla. 4th DCA· 1975-12-12
• Blowers v. The Lawyers Co-Operative Publ'g Co.
  527 F.2d 333· 2d Cir.· 1975-12-10
  The court held that the district court did not abuse its discretion in denying the EEOC's motion to intervene.
• Pioneer Int'l Hotel v. First Colony Life Ins. Co.
  527 F.2d 200· 9th Cir.· 1975-12-09 ·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the evidence presented was such that no reasonable conclusion other than suicide could be drawn, and the denial of the motion for a new trial was proper.
• Roberts v. Arledge
  519 F.2d 1129· 5th Cir.· 1975-09-26 ·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court affirmed the denial of preliminary injunctive relief, finding no clear abuse of discretion by the district court.
• State v. Bowle
  318 So. 2d 407· Fla. 4th DCA· 1975-08-29 ·via Abuse Of Discretion Standard For New Trial Motions
  Florida appellate court reversed a trial court's grant of a new trial in a grand larceny case, holding that the trial judge abused discretion by substituting his judgment for the jury's on sufficiency of evidence and intent.
• Montenegro v. Rainwater
  314 So. 2d 191· Fla. 3d DCA· 1975-06-17 ·via Abuse Of Discretion Standard For New Trial Motions
  Montenegro appeals a trial court order granting a new trial after a jury verdict awarded him damages for personal injuries from an automobile accident. The appellate court affirmed the new trial order, finding no clear abuse of discretion by the trial judge.
• Shelburne Winfree v. State
  313 So. 2d 431· Fla. 4th DCA· 1975-06-06
• Logan v. Logan
  310 So. 2d 435· Fla. 3d DCA· 1975-04-08
  In this divorce appeal, the husband challenges the child support award of $500 per month and the trial court's refusal to compel the wife to execute a quit claim deed as required by their settlement agreement. The court affirmed the child support award as within judicial discreti
• Bradley v. State
  310 So. 2d 323· Fla. 3d DCA· 1975-04-01
  The denial of a motion for severance will not be disturbed on appeal unless a clear abuse of discretion is shown, and the movant must demonstrate prejudice to receive a fair trial.
• Edison Cruz v. Fla. Power & Light Co.
  307 So. 2d 924· Fla. 3d DCA· 1975-02-18
  Minor plaintiffs and their parents appealed a trial court's grant of a change of venue motion by Florida Power & Light Company, arguing the company failed to prove it was so odious to Dade County inhabitants that it could not receive a fair trial. The appellate court affirmed the
• Paturzo v. Home Life Ins. Co.
  503 F.2d 333· 4th Cir.· 1974-09-26
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for voluntary dismissal without prejudice.
• Dotson v. State
  293 So. 2d 724· Fla. 2d DCA· 1974-05-01
  Clyde Cecil Dotson was convicted of buying, receiving, or aiding in the concealment of stolen goods, but the court reversed because the trial judge denied his oral motion to amend his plea to not guilty by reason of insanity without knowing that Dotson had been acquitted on simil
• Plevy v. Plevy
  295 So. 2d 139· Fla. 4th DCA· 1974-04-19
• United States v. Wooley
  494 F.2d 206· 7th Cir.· 1974-03-25
  The court held that the trial court did not abuse its discretion in limiting the cross-examination of a key government witness and in admitting a government summary exhibit and supporting testimony.
• Gillett v. Callaway
  289 So. 2d 36· Fla. 4th DCA· 1974-01-31
  The court held that the trial court did not abuse its discretion in vacating a dismissal with prejudice entered as a discovery sanction, based on counsel's excusable neglect.
• DR. Phillips Utils., Inc. v. Bevis
  289 So. 2d 697· Fla.· 1973-12-20
  Dr. Phillips Utilities, Inc. and Dr. Phillips, Inc. sought a waiver from the Public Service Commission's rule requiring annual reports based on a calendar year ending December 31, arguing that their long-standing fiscal year ending August 31 created undue hardship. The Florida Su
• Sutter v. United States
  484 F.2d 118· 9th Cir.· 1973-09-05
• O'Connor v. O'Connor
  274 So. 2d 545· Fla. 3d DCA· 1973-03-13
• United States v. Neff
  475 F.2d 861· 3d Cir.· 1973-03-13 ·via Abuse Of Discretion Standard On Appeal
  The court held that a trial judge's ex parte communication with a juror expressing doubt about impartiality, without offering counsel the opportunity to be present, is prejudicial error.
• Kinne v. Kinne
  272 So. 2d 865· Fla. 3d DCA· 1973-02-07
• In re Stolkin v. March
  471 F.2d 1331· 7th Cir.· 1973-01-16
  The court held that the referee did not abuse his discretion in denying the petition for reconsideration because the alleged oral modification lacked adequate consideration and Stolkin did not fully perform his obligations under it.
• Cardillo v. Cardillo
  269 So. 2d 773· Fla. 3d DCA· 1972-12-05
  In this dissolution of marriage case, the Florida appellate court affirmed the trial court's judgment dissolving the marriage and awarding custody of the minor child to the father. The court rejected the mother's arguments that the custody award was against the evidence and that
• Profetiza Pelayo Lacanilao v. Immigr. & Naturalization Serv.
  470 F.2d 1172· 9th Cir.· 1972-11-22
• United States v. Morgan
  469 F.2d 83· 6th Cir.· 1972-11-01 ·via Abuse Of Discretion Standard For Sentencing
  The jury's verdict is supported by substantial evidence, and the sentences were not excessive.
• Krodel v. Houghtaling
  468 F.2d 887· 4th Cir.· 1972-10-26 ·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district court did not err in denying the plaintiff's motions for a jury trial, continuance, and new trial, nor in dismissing the action for lack of prosecution.
• United States v. Ollary
  466 F.2d 545· 4th Cir.· 1972-09-11
  The court held that the trial court did not err in denying the defendant's motions for continuance, judgment of acquittal, and a new trial, nor in its jury instructions.
• Hubbard v. Brown
  262 So. 2d 267· Fla. 2d DCA· 1972-05-19
  Trial court's grant of new trial in negligence action based on finding that racial prejudice influenced jury verdict was not an abuse of discretion and is affirmed.
• Bautista v. Concentrated Emp. Program OF the Dep't OF Labor
  459 F.2d 1019· 9th Cir.· 1972-05-12
  The court held that the district court did not abuse its discretion in dismissing the case for lack of prosecution.
• Hudson v. Grand Deposit Mining Co.
  458 F.2d 1202· 9th Cir.· 1972-04-21
  The court held that the district court had the authority to approve a compromise and settlement agreement to terminate a lease, and did not abuse its discretion in doing so.
• State v. Levine
  258 So. 2d 468· Fla. 3d DCA· 1972-02-29
  The State appealed from a trial court's order granting a new trial to Stewart Levine after his conviction for unlawful sale of central nervous system stimulants. The appellate court affirmed the new trial order, finding that the trial judge did not abuse its discretion based on t
• Alvis v. Kimbrough
  455 F.2d 922· 5th Cir.· 1972-02-22 ·via Abuse Of Discretion Standard For Continuance
  The court held that the district court abused its discretion by denying a continuance when the appellant was institutionalized and unable to testify.
• Edgens v. Elliot L. Richardson
  455 F.2d 508· 4th Cir.· 1972-02-09
• Fishburn v. Gardner
  452 F.2d 1004· 3d Cir.· 1971-12-21
  The court held that the administrative decision denying disability benefits was supported by substantial evidence and not arbitrary or capricious.
• Butler v. Butler
  248 So. 2d 174· Fla. 1st DCA· 1971-05-20
  A mother appeals a post-divorce modification order that transferred custody of her minor child from her to the father based on evidence of changed mental health conditions. The appellate court affirmed the trial court's decision, finding sufficient evidence that the mother's mani
• Jiminez v. Dist. Dir.
  441 F.2d 1149· 9th Cir.· 1971-04-28
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the motion to terminate deportation proceedings.
• Berniece Silverthorn v. Hennigan
  439 F.2d 704· 8th Cir.· 1971-03-17
  The court held that the trial judge did not abuse discretion in granting a new trial after the first verdict for the plaintiff.