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

• In re Onondaga Operating Corp.
  440 F.2d 785· 2d Cir.· 1971-03-12
  The bankruptcy court did not abuse its discretion in awarding attorney compensation.
• Willis v. State
  245 So. 2d 63· Fla.· 1971-02-10
  A Florida Supreme Court decision addressing whether a criminal defendant established insolvency for purposes of obtaining a free appeal and trial transcript. The court affirmed the trial judge's denial of the insolvency motion, finding the defendant's contradictory testimony and
• White v. State
  244 So. 2d 499· Fla. 1st DCA· 1970-12-22
  Leon White appeals the trial court's denial of his motion to withdraw a guilty plea to charges of attempting to unlawfully obtain a controlled substance and resisting arrest with violence. The court affirmed the denial, finding that the trial judge conducted an exhaustive and tho
• Petnel v. Am. Tel. & Tel. Co. & W. Elec. Co., Inc.
  434 F.2d 645· 2d Cir.· 1970-11-11 ·via Abuse Of Discretion Standard On Appeal
  The court affirmed the dismissal of the appeals, finding the lower court's decision to dismiss for want of prosecution was well-founded.
• Midland-Ross Corp. v. Sunbeam Equip. Corp. & Robert W. Smith
  435 F.2d 159· 3d Cir.· 1970-10-27
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction because there was substantial evidence to support its findings that no trade secrets were disclosed.
• Meyers v. Commissioner of Internal Revenue
  435 F.2d 171· 3d Cir.· 1970-10-19
  The court held that the taxpayer's appeal lacked merit, affirming the Tax Court's findings regarding income understatement, negligence penalty, and the applicability of the extended statute of limitations.
• Bernstein v. Kennelly
  433 F.2d 10· 9th Cir.· 1970-10-13
  The court held that the district court did not abuse its discretion in limiting the fee for attorneys and accountants to thirty-five thousand dollars.
• United States v. Cota-Rubalcaba
  431 F.2d 637· 9th Cir.· 1970-09-21 ·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not err in denying a severance or admitting evidence, and that the Bruton rule was not violated.
• Barker v. Odessa Rush Randolph
  239 So. 2d 110· Fla. 1st DCA· 1970-09-08
  A civil plaintiff appeals from an adverse jury verdict, challenging the trial court's denial of his request to conduct additional voir dire examination of the jury panel after he had tendered the jury but before it was sworn. The court holds that under the circumstances, the deni
• Mon C. Allen v. Miss. Comm'n OF LAW Enf't
  424 F.2d 285· 5th Cir.· 1970-04-07
  The court held that the district judge did not abuse his discretion in denying the preliminary injunction because granting it would cause extreme injury to appellees and negligible injury to appellants, whose rights could be protected by a final decision.
• Chong Shik AHN v. Dist. Dir. of the United States Immigr. & Naturalization Serv.
  418 F.2d 910· 9th Cir.· 1969-11-25
  The court held that the District Court did not err in affirming the denial of the appellant's application for a change of non-immigrant status.
• Bryant v. Craven
  415 F.2d 775· 9th Cir.· 1969-08-25 ·via Abuse Of Discretion Standard For Injunctions
  The court held that the prisoner's action was frivolous and properly dismissed, and that the denial of an injunction was within the sound discretion of the district judge.
• Moyen v. State
  225 So. 2d 458· Fla. 1st DCA· 1969-08-05
  Three men were convicted of robbing the office of 'Six-Gun Territory,' a tourist attraction in Marion County, Florida. On appeal, they challenged the sufficiency of evidence and the trial court's refusal to grant a change of venue based on alleged prejudicial publicity, but the a
• Irwin v. United States
  414 F.2d 606· 9th Cir.· 1969-07-29
  The court held that appointing a lawyer for a civil hearing on a § 2255 motion was not an abuse of discretion when the issues were not complex.
• Schreiber v. Schreiber
  224 So. 2d 407· Fla. 3d DCA· 1969-06-24
  Wife appealed a divorce decree in which the chancellor refused to consider the husband's expected inheritance from his mother's undistributed estate when determining alimony and child support obligations. The court held that pending inheritances are a proper factor for the chance
• In re the Cent. R.R. Co. OF NEW Jersey
  411 F.2d 1178· 3d Cir.· 1969-06-18
  The court held that the district court had jurisdiction to authorize the trustee's appointment of an officer, conditioned upon ICC approval, and that the district court's order was justified.
• In re Haker v. Haker
  411 F.2d 568· 5th Cir.· 1969-05-19
  The court held that the trial court did not abuse its discretion in denying the petition to reopen the bankruptcy estate.
• Manes v. Jacquelyn Rowley
  218 So. 2d 487· Fla. 4th DCA· 1969-02-10
  The appellate court held that the trial judge erred in granting a new trial based on severance and jury deliberation issues, as these grounds were not supported by the record or established legal precedent.
• United States v. Zimmerman
  405 F.2d 180· 6th Cir.· 1969-01-08
  The court held that the district court did not abuse its discretion in denying the motion for rehearing of the motion for new trial.
• Clark v. Galloway
  217 So. 2d 151· Fla. 1st DCA· 1968-12-19
  A plaintiff appealed a jury verdict in favor of defendants in a negligence action arising from a vehicle collision. The sole issue on appeal was whether the trial court erred in denying a mistrial motion based on alleged improper and inflammatory remarks made by defendants' couns
• Alan M. Blank, Inc. v. The State Bd. OF Funeral Directors & Embalmers for Fla.
  212 So. 2d 310· Fla. 3d DCA· 1968-06-26
  A funeral home appeals the revocation of its state license after failing to present a defense at the administrative hearing, claiming the corporation's president was unable to attend due to illness. The court affirmed the license revocation, finding no abuse of discretion in deny
• In re Richards Musical Instruments, Inc. v. Marshman
  393 F.2d 162· 7th Cir.· 1968-03-25
  The court held that the bankruptcy court did not err in allowing priority for attorneys' fees incurred after the date of a creditors' agreement, as the agreement and subsequent actions indicated intent for it to remain in force.
• First Nat'l Bank OF Vista v. Hellen
  392 F.2d 58· 9th Cir.· 1968-03-20 ·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in affirming the referee's order invalidating the assignment of commissions as wages due to lack of spousal consent, and did not abuse its discretion in refusing to hear further testimony on waiver.
• Baker v. Baker
  206 So. 2d 683· Fla. 1st DCA· 1968-02-01
  This case involves an appeal concerning alimony and child support awards in a divorce decree. The appellate court affirmed the trial court's decision, citing insufficient evidence of abuse of discretion and the trial court's retained jurisdiction to modify child support based on
• Dade Cnty. v. Apgar & Markham Constr. Co., Inc.
  29 Fla. Supp. 156· Dade Cty. Cir. Ct.· 1967-12-08 ·via Abuse Of Discretion Standard On Appeal
  In this construction defect case arising from a failed roof at Dodge Island Seaport, the court denied motions to dismiss a third-party complaint and crossclaim, holding that successive impleader is permissible under Florida Rule 1.180 and that the defendant and county could bring
• Carnegie Hotel Corp. v. Jacobi
  202 So. 2d 200· Fla. 3d DCA· 1967-08-15
  The appellate court affirmed the trial court's decision to grant a new trial, finding no abuse of discretion. The case involved a personal injury claim where the jury initially found for the defendant, but the judge granted the plaintiff's motion for a new trial.
• Celano v. Celano
  199 So. 2d 775· Fla. 1st DCA· 1967-06-15
  In this divorce appeal, the husband challenges the trial court's award to his wife of stock and real estate, arguing the division is excessive. The appellate court affirms, holding that the trial judge did not abuse discretion in awarding property that recognizes the wife's contr
• Collins v. Keymo Cars, Inc.
  198 So. 2d 836· Fla. 3d DCA· 1967-05-10
  The court affirmed the order granting a new trial to Kolb and Magram, and affirmed the final judgments for the other defendants.
• Copeland v. S. Bend Cmty. Sch. Corp.
  376 F.2d 585· 7th Cir.· 1967-05-08
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because its findings that the school was safe and suitable for occupancy were supported by substantial evidence.
• Burnett v. Burnett
  197 So. 2d 854· Fla. 1st DCA· 1967-04-20
  In this divorce appeal, the husband challenges the trial court's awards of child support ($500/month for five children), attorneys' fees ($1,000), and costs ($143.50). The appellate court upheld the child support and attorneys' fees awards as within the trial court's discretion,
• Jonaitis v. Gen. Motors Acceptance Corp.
  374 F.2d 867· 7th Cir.· 1967-02-16 ·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the jury's verdict for the defendant was supported by the evidence and that the trial court did not abuse its discretion in denying a new trial.
• Clay Francisco v. The Travelers Ins. Co.
  363 F.2d 1019· 8th Cir.· 1966-08-10 ·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the trial court did not err in sustaining the appellee's motion for judgment and denying the appellant's discovery requests, as the appellant failed to establish a valid claim for relief.
• Lewis v. State
  188 So. 2d 585· Fla. 3d DCA· 1966-06-14
  The appellate court affirmed a robbery conviction, finding no reversible error in the trial court's denial of a motion for continuance or the defendant's lack of counsel at a preliminary hearing.
• Nikolaos Kusularis v. Immigr. & Naturalization Serv.
  361 F.2d 311· 7th Cir.· 1966-05-19
  The court held that the denial of voluntary departure was not an abuse of discretion, as such relief is a matter of administrative grace, not entitlement.
• Arkus G. Austin v. Se. Title & Ins. Co.
  181 So. 2d 174· Fla. 3d DCA· 1965-12-21
  This case involves an appeal from a trial court's order granting a voluntary dismissal of a complaint. The appellate court affirmed the trial court's decision, finding no abuse of discretion.
• Atl. Coast Line R.R. Co. v. Jeffords
  169 So. 2d 840· Fla. 3d DCA· 1964-12-01 ·via Abuse Of Discretion Standard For New Trial Motions
  A railroad employee sued under the Federal Employers' Liability Act for injuries caused by the defendant's negligent failure to provide a safe workplace. The jury awarded $65,000, and the railroad appealed, challenging the exclusion of certain evidence and claiming the verdict wa
• Reynolds v. United States
  338 F.2d 1· 2d Cir.· 1964-11-05
  The court held that the trial judge did not abuse discretion in excluding evidence of a later sale to determine stock value in 1947.
• Rodgers v. Kajax Realty Co.
  165 So. 2d 259· Fla. 1st DCA· 1964-06-16
  This case involves a consolidated declaratory judgment and common law action concerning the forfeiture of an executory contract for property rights. The appellate court affirmed the trial court's decision, finding substantial evidence supported the findings of fact and no abuse o
• Millman v. Merton E. Millman
  158 So. 2d 552· Fla. 3d DCA· 1963-12-10
  The appellate court affirmed the trial court's denial of an application for increased child support.
• Kennedy v. Plant City
  155 So. 2d 556· Fla. 2d DCA· 1963-08-02
  The appellate court affirmed the trial court's decision to grant a new trial after a jury awarded the plaintiff both compensatory and punitive damages. The appellate court found no abuse of discretion by the trial judge.
• Hutcheson v. United States
  320 F.2d 721· D.C. Cir.· 1963-06-27
  The court held that an issue not properly raised in the trial court is not available on appeal, and the Supreme Court's denial of rehearing foreclosed further review of the issue.
• COE v. COE
  152 So. 2d 176· Fla. 3d DCA· 1963-04-23
• Iley Williams v. United States
  310 F.2d 317· 6th Cir.· 1962-11-27
  The court held that the motion to vacate judgment and sentence should be denied and the order denying the motion for a new trial should be affirmed.
• Fla. E. Coast Ry. Co. v. Pierce
  142 So. 2d 121· Fla. 3d DCA· 1962-06-12 ·via Abuse Of Discretion Standard For New Trial Motions
  This case involves an appeal by the Florida East Coast Railway Company after a trial court granted a new trial in a Federal Employers' Liability Act (FELA) case. The appellate court affirmed the order for a new trial, finding no abuse of discretion by the trial judge.
• United States v. van Buskirk
  304 F.2d 871· 6th Cir.· 1962-06-05
  The court held that the trial judge did not abuse discretion regarding witness communication or change of venue, and there was no reversible error.
• Martinez v. United States
  302 F.2d 279· 5th Cir.· 1962-04-25
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• Simone Scozzari v. Rosenberg
  302 F.2d 592· 9th Cir.· 1962-01-26
  The court held that the administrative denial of a record of admission for permanent residence was supported by substantial evidence and not arbitrary or capricious.
• William Carl Cunningham et ux. v. United States
  295 F.2d 535· 9th Cir.· 1961-10-17
  The court affirmed the dismissal and denial of the motion to vacate, finding no abuse of discretion by the trial court.
• Poston v. United States
  289 F.2d 321· Ct. Cl.· 1961-05-03
  The court held that the Civil Service Commission did not abuse its discretion in disallowing retirement under section 1(d) because the plaintiff's supervisory and administrative years were not primarily hazardous and the Commission is empowered to consider the degree of hazard in
• Kaiser v. Adams
  280 F.2d 642· D.C. Cir.· 1960-07-01
  The court held that the petitioner failed to demonstrate error or abuse of discretion by the Municipal Court of Appeals.