Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Johnson v. Yellow Freight Sys., Inc.
  734 F.2d 1304· 8th Cir.· 1984-05-22 ·cited 34×
  The court should reverse the district court's judgment on the § 1981 claim because the EEOC reasonable cause determination was improperly excluded as evidence.
• United States v. First Nat'l Bank OF Circle
  732 F.2d 1444· 9th Cir.· 1984-05-09 ·cited 34×
  The court did not definitively establish the standard of review for EAJA fee awards, but suggested it should be de novo for legal issues and clearly erroneous for factual determinations.
• Forrest F. McCLUNEY v. JOS. Schlitz Brewing Co.
  728 F.2d 924· 7th Cir.· 1984-02-27 ·cited 34×
  The court held that the district court did not err in finding insufficient evidence of retaliatory discharge and in excluding certain evidence, affirming the dismissal of the plaintiff's claims.
• United States v. Tedesco
  726 F.2d 1216· 7th Cir.· 1984-01-31 ·cited 34×·via Abuse Of Discretion Standard For Severance
  The court held that delays caused by codefendants' motions and interlocutory appeals, the defendant's own speedy trial motion, and the need to secure an immunized witness were properly excluded under the Speedy Trial Act, thus the defendant's speedy trial rights were not violated
• Hughes v. Novi Am., Inc.
  724 F.2d 122· Fed. Cir.· 1984-01-06 ·cited 34×
  The court held that the trial court did not abuse its discretion in awarding attorney fees and costs against both plaintiffs for pursuing patent and copyright claims in bad faith, and affirmed the denial of a motion to dismiss one plaintiff as a party.
• Hyun Joon Chung v. Immigr. & Naturalization Serv.
  720 F.2d 1471· 9th Cir.· 1983-12-02 ·cited 34×
  The court held that the Board of Immigration Appeals' (BIA) original order denying adjustment of status in 1975 remains reviewable because the Chungs filed their petition for review within six months of the final BIA decision denying suspension of deportation. The court also affi
• Block v. R.H. Macy & Co., Inc.
  712 F.2d 1241· 8th Cir.· 1983-07-19 ·cited 34×
  The court held that the trial court did not abuse its discretion in excluding evidence of the plaintiff's post-discharge assault, that the evidence supported the jury's award for mental anguish, and that punitive damages were appropriate given the defendant's conduct.
• Titus v. Mercedes Benz of N. Am.
  695 F.2d 746· 3d Cir.· 1982-12-13 ·cited 34×
  Dismissal of a case for failure to prosecute, based on non-compliance with an overly burdensome and unreasonable pretrial order, is an abuse of discretion and warrants reversal.
• United States v. Melton
  689 F.2d 679· 7th Cir.· 1982-09-22 ·cited 34×
  The court affirmed the convictions of both appellants, finding sufficient evidence to support their RICO conspiracy and mail fraud convictions.
• Roberts v. Sgt. George Hollocher
  664 F.2d 200· 8th Cir.· 1981-11-24 ·cited 34×
  The court held that the district court did not err in refusing a specific jury instruction on equality, admitting evidence of drug use, admitting a photograph of a shotgun, or excluding a physician's diagnosis phrase, as the jury instructions as a whole were fair and the evidenti
• Angeles Ramonita Garcia v. Neagle
  660 F.2d 983· 4th Cir.· 1981-09-21 ·cited 34×
  The court held that the district court exceeded its powers by reviewing the Parole Commission's determination for abuse of discretion and that the Commission did not violate its statutory mandate in promulgating or applying its parole guidelines.
• United States v. Orrin Scott Reed
  658 F.2d 624· 8th Cir.· 1981-09-10 ·cited 34×
  The court held that denying travel expenses to appointed counsel for indigent defendants violates the Criminal Justice Act and the Sixth Amendment right to effective assistance of counsel.
• Captain Shelby C. Roberts v. Lemos
  651 F.2d 201· 3d Cir.· 1981-06-08 ·cited 34×
  The court held that the denial of travel expenses for a court-ordered witness and the denial of expert witness fees were abuses of discretion, reversing the lower court's decision on these costs.
• AD ART, Inc. v. Nat'l Labor Relations Bd.
  645 F.2d 669· 9th Cir.· 1980-12-09 ·cited 34×
  The National Labor Relations Board did not abuse its discretion in refusing to defer to an arbitrator's decision when the unfair labor practice issue was not presented to or decided by the arbitrator. There was substantial evidence supporting the Board's finding that the employer
• Kulkin v. Bergland
  626 F.2d 181· 1st Cir.· 1980-07-15 ·cited 34×·via Abuse Of Administrative Discretion
  The court held that the district court properly granted summary judgment, affirming the store's disqualification and the agency's decision not to apply the newer money penalty provision retroactively.
• United States v. Elorduy
  612 F.2d 986· 5th Cir.· 1980-03-03 ·cited 34×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the appellant's arguments regarding the Speedy Trial Act, Sixth Amendment confrontation rights, entrapment, and unlawful firearm possession lacked merit.
• Cliff Davis v. Parratt
  608 F.2d 717· 8th Cir.· 1979-10-30 ·cited 34×
  A pro se litigant is not entitled to attorney fees under 42 U.S.C. § 1988, even if they are a trained paralegal, as the statute is intended to compensate attorneys, not the litigants themselves.
• Santa FE Land Improvement Co. v. City OF Chula Vista
  596 F.2d 838· 9th Cir.· 1979-03-28 ·cited 34×
  The court held that while abstention under Pullman was appropriate, dismissal of the action was not, and the district court should retain jurisdiction pending state court resolution.
• Rombough v. Fed. Aviation Admin.
  594 F.2d 893· 2d Cir.· 1979-02-14 ·cited 34×
  The FAA's denial of an exemption from the Age 60 Rule and its policy of refusing all such exemptions is neither arbitrary nor capricious and is therefore affirmed.
• Vines v. Doyle Eugene Vines
  357 So. 2d 243· Fla. 2d DCA· 1978-04-07 ·cited 34×
  Wife appealed a dissolution of marriage judgment challenging the award of custody to the husband and a contempt finding with $100 fine. The court affirmed the custody award as within the trial judge's discretion but reversed the contempt finding as legally erroneous and procedura
• DE LA Cova v. State
  355 So. 2d 1227· Fla. 3d DCA· 1978-02-28 ·cited 34×
  De la Cova and Latham were convicted of conspiracy, attempted destructive device discharge, attempted arson, and explosives-related offenses. The court affirmed their convictions but reversed certain sentences imposed consecutively for offenses arising from the same criminal tran
• Alaniz v. Tillie Lewis Foods
  572 F.2d 657· 9th Cir.· 1978-02-01 ·cited 34×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely after a consent decree had been entered.
• Perel v. Vanderford
  547 F.2d 278· 5th Cir.· 1977-02-18 ·cited 34×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the trial court did not err in failing to instruct the jury on probable cause for a border strip search, nor in limiting discovery or admitting certain evidence, and that the jury instructions were adequate.
• United States v. Sherriff
  546 F.2d 604· 5th Cir.· 1977-01-26 ·cited 34×
  The court affirmed the convictions, finding no merit in the appellants' various challenges regarding jury selection, bill of particulars, evidence seizure, prosecutorial comment, and jury instructions.
• Jacobson & Co., Inc. v. Armstrong Cork Co.
  548 F.2d 438· 2d Cir.· 1977-01-25 ·cited 34×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the plaintiff raised sufficiently serious questions going to the merits and demonstrated a balance of hardships tipping decidedly in its favor.
• Natural Res. Def. Council, Inc. v. Train
  519 F.2d 287· D.C. Cir.· 1975-09-15 ·cited 34×
  The court held that the lower court correctly dismissed the complaint for failure to state a claim, and that judicial review should be sought at a proper time after final administrative decisions.
• Connolly v. Papachristid Shipping Ltd.
  504 F.2d 917· 5th Cir.· 1974-12-09 ·cited 34×
  The court held that dismissal with prejudice for failure to prosecute was an abuse of discretion under the circumstances.
• Nat'l Labor Relations Bd. v. The Newton-New Haven Co.
  506 F.2d 1035· 2d Cir.· 1974-11-25 ·cited 34×
  The court granted the National Labor Relations Board's petition for enforcement of its order, finding no abuse of discretion in the election certification and declining to apply a recent procedural ruling retroactively.
• Wounded Knee Legal Defense/Offense Comm. v. The Fed. Bureau OF Investigation
  507 F.2d 1281· 8th Cir.· 1974-11-07 ·cited 34×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court in its jurisdictional findings, refusal to recuse, rejection of affidavits, or application of preliminary injunction standards.
• Nat'l Labor Relations Bd. v. Gibson Prods. Co. OF Wash. Parish
  494 F.2d 762· 5th Cir.· 1974-05-31 ·cited 34×·via Abuse Of Administrative Discretion
  The court held that the National Labor Relations Board abused its discretion by issuing a bargaining order without adequate findings that traditional remedies could not ensure a fair election, particularly when the case was reclassified to avoid controlling precedent.
• Gooch v. Skelly OIL Co.
  493 F.2d 366· 10th Cir.· 1974-03-25 ·cited 34×
  The court held that the trial court abused its discretion in finding excusable neglect, as the record did not support such a finding, and therefore the appeal must be dismissed for failure to file a timely notice of appeal.
• The Canal Auth. of the State of Fla. v. Litzel
  243 So. 2d 135· Fla.· 1970-12-16 ·cited 34×·via Gross Abuse Of Discretion
  The Florida Supreme Court reversed the District Court of Appeal and upheld the Canal Authority's taking of fee simple title to the Litzels' land for the Cross Florida Barge Canal project. The Court held that a condemning authority need only show reasonable necessity for a taking,
• United States v. Carden
  428 F.2d 1116· 8th Cir.· 1970-06-30 ·cited 34×
  The court held that the trial court did not abuse its discretion in denying the defendant's request for the presentence report, as the defendant was given an opportunity to address any alleged inaccuracies.
• E & E Elec. Contractors, Inc. v. Myron Singer and Eleanor Singer
  236 So. 2d 195· Fla. 3d DCA· 1970-06-02 ·cited 34×
  E & E Electric Contractors appealed the trial court's denial of its motion to amend its complaint after missing the deadline by 63 days, and the resulting dismissal with prejudice. The appellate court affirmed, holding that the trial court did not abuse its discretion in denying
• Espinosa v. Immigr. & Naturalization Serv.
  404 F.2d 544· 9th Cir.· 1968-12-02 ·cited 34×
  The Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen and reconsider his deportation case.
• Bailey v. United States
  405 F.2d 1352· D.C. Cir.· 1968-09-13 ·cited 34×·via Abuse Of Discretion Standard On Appeal
  The court held that instructing the jury on the death penalty for a crime that was later deemed unconstitutional, even if the jury did not impose it, constitutes reversible error due to the prejudice it creates.
• Nat'l Labor Relations Bd. v. Davis Cafeteria, Inc.
  396 F.2d 18· 5th Cir.· 1968-06-05 ·cited 34×·via Abuse Of Administrative Discretion
  The court held that the National Labor Relations Board abused its discretion by finding two of eight cafeterias an appropriate bargaining unit, as the local managers lacked substantive autonomy over collective bargaining subjects.
• Nashville I-40 Steering Comm. v. Buford Ellington
  387 F.2d 179· 6th Cir.· 1967-12-18 ·cited 34×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the district court did not abuse its discretion in denying a preliminary injunction, as plaintiffs failed to show a violation of law or constitutional rights regarding highway route selection, but reversed the dismissal of the Mayor as a party defendant.
• Sherman v. United States
  383 F.2d 837· 9th Cir.· 1967-09-25 ·cited 34×
  The court held that while the defendant was entitled to allocution at the tentative sentencing, the denial was harmless error, and that the trial court did not abuse its discretion in denying the motion to withdraw the guilty plea.
• Liberty Leasing Co., Inc. v. Hillsum Sales Corp.
  380 F.2d 1013· 5th Cir.· 1967-07-21 ·cited 34×·via Abuse Of Discretion Standard For Continuance
  The court held that it was not error to grant summary judgment despite the Grossman deposition and not an abuse of discretion to deny the continuance.
• Reed v. United States
  377 F.2d 891· 10th Cir.· 1967-05-23 ·cited 34×
  The court held that circumstantial evidence was sufficient to support the jury's verdict and that the trial court did not abuse its discretion in admitting the murder weapon into evidence.
• Rosiello v. Sellman
  354 F.2d 219· 5th Cir.· 1965-12-13 ·cited 34×
  The court held that the trial judge did not abuse discretion in refusing a new trial based on allegedly inadequate damages or in limiting summation time.
• Fla. Real Est. Comm'n v. D. L. and Doris Rogers
  176 So. 2d 65· Fla.· 1965-04-07 ·cited 34×·via Abuse Of Administrative Discretion
  District courts have the power to review and modify penalties imposed by the Florida Real Estate Commission in certiorari proceedings, including reducing a revocation to a suspension where appropriate on the record, as this authority is expressly vested by the Administrative Proc
• United States v. Edwards
  333 F.2d 575· 5th Cir.· 1964-06-18 ·cited 34×
  The court should have granted an injunction to prevent further violence against Negroes attempting to register to vote.
• Locklin v. Switzer Bros., Inc.
  299 F.2d 160· 9th Cir.· 1961-11-16 ·cited 34×·via Abuse Of Discretion (Appellate Review)
  The court held that the Kazenas patent was valid and infringed, and that the district court did not abuse its discretion in rejecting post-trial evidence or in its findings regarding patentability and infringement.
• Johnston v. United States
  260 F.2d 345· 10th Cir.· 1958-10-21 ·cited 34×
  The court held that consolidating indictments, denying pre-trial witness statement production, and allowing an FBI agent to sit at counsel table were not errors.
• Ross v. United States
  197 F.2d 660· 6th Cir.· 1952-05-29 ·cited 34×·via Abuse Of Discretion Standard For Severance
  The court held that inconsistent verdicts within a single indictment are permissible, and acquittal on a conspiracy count does not preclude conviction on substantive counts arising from the same trial. The denial of severance motions was also upheld as within the trial court's di
• Gage v. United States
  167 F.2d 122· 9th Cir.· 1948-04-07 ·cited 34×
  The court held that the evidence was sufficient to sustain the verdict and that the trial court did not err in denying the motion for a new trial or in striking certain testimony.
• Maxwell v. Edwards
  345 So. 3d 323· Fla. 4th DCA· 2022-08-17 ·cited 33×
  The appellate court reversed a trial court's order approving a settlement agreement. The court found that a party who did not sign the agreement and objected to its terms could not be bound by it, even if other beneficiaries did agree.
• Yacob v. State
  136 So. 3d 539· Fla.· 2014-03-27 ·cited 33×
  Michael M. Yacob was convicted of first-degree murder and armed robbery for killing a convenience store clerk during a 2008 robbery. The Florida Supreme Court affirmed the convictions but vacated the death sentence as disproportionate, finding the case indistinguishable from othe