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

• Snelgrove v. State
  107 So. 3d 242· Fla.· 2012-04-19 ·cited 33×·via Abuse Of Discretion Standard For Continuance
  David Snelgrove was convicted of murdering an elderly couple in 2000 and sentenced to death. On appeal after remand for a new penalty phase, the Florida Supreme Court affirmed the death sentences, rejecting challenges to the trial court's denial of a continuance for mental retard
• Mullne v. Sea-Tech Constr., Inc.
  84 So. 3d 1247· Fla. 4th DCA· 2012-04-18 ·cited 33×
  The court held that a default judgment imposing personal liability on a non-contracting spouse for breach of contract, when the complaint only sought foreclosure of a construction lien against their property interest, is void and must be vacated.
• Rico Correa v. State
  43 So. 3d 738· Fla. 2d DCA· 2010-06-23 ·cited 33×
  Rico Correa appealed the revocation of his community control based on alleged GPS monitoring violations. The appellate court reversed, finding that the State failed to prove willful and substantial violations of his GPS monitoring rules, emphasizing that technical equipment malfu
• Golden Palm Hospitality, Inc. v. Stearns Bank Nat'l Ass'n
  874 So. 2d 1231· Fla. 5th DCA· 2004-05-28 ·cited 33×
  Golden Palm Hospitality challenged a trial court's dismissal of its breach of contract and related claims against Stearns Bank based on a forum selection clause in their loan agreement. The Fifth District Court of Appeal reversed, holding that the forum selection clause was permi
• Tomengo v. State
  864 So. 2d 525· Fla. 5th DCA· 2004-01-09 ·cited 33×
  Carl Tomengo appealed his sexual battery conviction, challenging the trial court's exclusion of a defense witness and limitation of cross-examination about the victim's motive. The Fifth District Court of Appeal reversed, holding that the trial court failed to conduct an adequate
• McKENZIE v. State
  830 So. 2d 234· Fla. 4th DCA· 2002-11-13 ·cited 33×
  Joyce McKenzie appealed her conviction for possession of cocaine and drug paraphernalia (crack cocaine pipe). The court affirmed the cocaine conviction but reversed and remanded for a new trial on the drug paraphernalia charge due to a misleading jury instruction and prosecutoria
• Vaughn v. State
  711 So. 2d 64· Fla. 1st DCA· 1998-03-31 ·cited 33×
  Rose Vaughn appealed the denial of her motion to suppress evidence obtained through a wiretap in a racketeering case after entering a conditional no-contest plea. The court dismissed the appeal, holding that the motion to suppress was not dispositive because the state had suffici
• Gunsby v. State
  574 So. 2d 1085· Fla.· 1991-01-15 ·cited 33×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Donald Gunsby appeals his first-degree murder conviction and death sentence imposed by the trial court following a jury recommendation of death by 9-3 vote. The Florida Supreme Court affirmed the conviction and death sentence, finding no reversible error in the guilt phase and pr
• United States v. Perez
  870 F.2d 1222· 7th Cir.· 1989-03-09 ·cited 33×
  The court held that the trial court did not err in excluding certain evidence or in its rulings on witness testimony and government arguments, and that any potential errors were harmless beyond a reasonable doubt.
• Elizabeth Morgan, M.D. v. Foretich
  846 F.2d 941· 4th Cir.· 1988-05-17 ·cited 33×
  The court held that the district court abused its discretion in excluding statements made by a child to a psychologist for purposes of diagnosis or treatment under Fed.R.Evid. 803(4).
• Int'l Kennel Club OF Chicago, Inc. v. Mighty Star, Inc.
  846 F.2d 1079· 7th Cir.· 1988-05-05 ·cited 33×
  The dissenting judge believes the majority erred in granting a preliminary injunction due to unclear likelihood of success on the merits and irreparable harm.
• Am. Int'l Underwriters v. The Cont'l Ins. Co.
  843 F.2d 1253· 9th Cir.· 1988-04-13 ·cited 33×
  The court held that the district court did not abuse its discretion in abstaining from hearing the case under the Colorado River doctrine and in dismissing the repetitive lawsuit, as exceptional circumstances justified abstention and prevented the plaintiff from circumventing rem
• Equal Emp. Opportunity Comm'n v. Guardian Pools, Inc.
  828 F.2d 1507· 11th Cir.· 1987-10-05 ·cited 33×
  The court held that the district court erred in calculating prejudgment and post-judgment interest rates and in denying back pay as a contempt sanction without considering the purpose of such sanctions.
• Int'l Union v. Mack Trucks, Inc.
  820 F.2d 91· 3d Cir.· 1987-06-05 ·cited 33×
  The court held that Mack's unilateral change of health insurance carriers violated the collective bargaining agreement and deprived the Union of a valuable bargaining chip, constituting substantial harm. The Norris-LaGuardia Act did not preclude injunctive relief.
• Charles v. Meadows
  817 F.2d 517· 9th Cir.· 1987-05-14 ·cited 33×
  The court held that the appellants' motion to vacate the default judgment was properly denied because their default was intentional and inexcusable, and the district court had subject matter and personal jurisdiction under the Foreign Sovereign Immunities Act due to the commercia
• United States v. Weddell
  800 F.2d 1404· 5th Cir.· 1986-10-01 ·cited 33×
  The court affirmed Weddell's convictions but remanded Hammond's case for an evidentiary hearing regarding government misconduct.
• United States v. Owens
  789 F.2d 750· 9th Cir.· 1986-05-12 ·cited 33×
  The court held that the victim's out-of-court identification was inadmissible hearsay because the victim's memory loss prevented effective cross-examination, violating the Confrontation Clause. However, the error was deemed harmless due to other evidence.
• United Artists Corp. & L.P.A.A. v. LA Cage AUX Folles, Inc.
  771 F.2d 1265· 9th Cir.· 1985-09-17 ·cited 33×
  The court held that dismissal was an excessive sanction for Danon's failure to supplement interrogatories, despite the conduct warranting some sanction.
• Schwarz v. Folloder
  767 F.2d 125· 5th Cir.· 1985-08-01 ·cited 33×
  The court held that a district court must provide reasons for denying costs or attorney's fees to a prevailing party, even when dismissing claims with prejudice.
• Lloyd Noland Hosp. & Clinic v. Heckler
  762 F.2d 1561· 11th Cir.· 1985-06-12 ·cited 33×
  The court held that the Secretary's malpractice insurance premium rule was promulgated in violation of the Administrative Procedure Act (APA) because it was arbitrary and capricious, lacking a reasoned basis and adequate notice. The court affirmed the district courts' invalidatio
• Murphy v. City OF Flagler Beach
  761 F.2d 622· 11th Cir.· 1985-05-28 ·cited 33×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial judge erred in excluding relevant evidence and making prejudicial comments, requiring a retrial on the issue of the police chief's good faith and justification for termination. The court also found that the city was not vicariously liable for illegal
• United States v. Reinhold Sommerstedt
  752 F.2d 1494· 9th Cir.· 1985-02-07 ·cited 33×
  The court held that any amount of force, however slight, is sufficient to convict for forcibly assaulting a federal officer under 18 U.S.C. § 111, and that a district court does not abuse its discretion by requiring a jury to continue deliberations after indicating it is deadlock
• Kehr v. Smith Barney
  736 F.2d 1283· 9th Cir.· 1984-06-25 ·cited 33×
  The court affirmed the jury's verdict, holding that the district court did not abuse its discretion in denying a new trial based on attorney misconduct, correctly denied judgment n.o.v. for failure to prove scienter, and lacked jurisdiction to compel arbitration of state claims a
• Malachi Fields v. City OF Tarpon Springs
  721 F.2d 318· 11th Cir.· 1983-12-12 ·cited 33×
  The court held that a plaintiff can be considered a prevailing party for attorney's fees under the Fees Act even if the lawsuit was voluntarily dismissed, provided the lawsuit was the catalyst for remedial action.
• United States & Robert Merlo v. Samuels
  712 F.2d 1342· 9th Cir.· 1983-08-12 ·cited 33×
  The court held that the district court did not abuse its discretion in denying a limited evidentiary hearing because the appellants failed to make a sufficient showing of bad faith by the government.
• Coleman v. MacKey
  424 So. 2d 170· Fla. 3d DCA· 1983-01-04 ·cited 33×
  The appellate court reversed a trial court's child support award, finding it "grossly low as to shock the conscience." The court emphasized that child support should consider the child's needs and the parent's ability to pay, and should be retroactive to the date of birth.
• Winton Lemon v. Bank Lines, Ltd.
  656 F.2d 110· 5th Cir.· 1981-09-14 ·cited 33×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district judge improperly granted a judgment notwithstanding the verdict because the jury's finding of negligence was supported by evidence under the standard established in Scindia Steam Navigation Co. v. De Los Santos. However, the grant of a new trial w
• United States v. Clark
  617 F.2d 180· 9th Cir.· 1980-04-17 ·cited 33×
  The court held that a second competency hearing is not automatically required upon a defendant's return from a commitment facility, and the trial court did not abuse its discretion by failing to order a hearing sua sponte or by limiting surrebuttal evidence.
• Bonaventure v. Butler
  593 F.2d 625· 5th Cir.· 1979-04-20 ·cited 33×
  The court held that the district court did not abuse its discretion in dismissing the suit with prejudice for failure to comply with discovery orders, nor in setting aside a default judgment.
• Commodity Futures Trading Comm'n v. Hunt
  591 F.2d 1211· 7th Cir.· 1979-01-08 ·cited 33×
  The court held that the speculative limit regulation was valid and that the Hunts violated it, reversing the denial of injunctive relief and remanding the disgorgement issue.
• Exxon Corp. v. Fed. Trade Comm'n
  588 F.2d 895· 3d Cir.· 1978-12-07 ·cited 33×
  The court held that the district court abused its discretion in declining jurisdiction over claims regarding the adequacy of the FTC's protective order and enforcement mechanisms, but not over the Freedom of Information Act claim.
• Yadollah A. Kashani v. Immigr. & Naturalization Serv.
  547 F.2d 376· 7th Cir.· 1977-01-06 ·cited 33×
  The court held that an alien seeking to reopen deportation proceedings based on fear of persecution must provide objective evidence to support their claim, not merely their own assertions or general political materials.
• Buckley Towers Condo., Inc. v. Buchwald
  340 So. 2d 1206· Fla. 3d DCA· 1976-12-14 ·cited 33×
  Buckley Towers Condominium appeals an order sequestering association funds and appointing a receiver to enforce payment of delinquent rents owed under a community facility lease. The appellate court affirmed the sequestration order, holding that the trial court did not abuse its
• United States & R. S. Phillips v. Wright Motor Co., Inc.
  536 F.2d 1090· 5th Cir.· 1976-08-12 ·cited 33×
  The court held that a district court did not abuse its discretion in ordering an IRS special agent to answer deposition questions regarding a criminal investigation and in dismissing the summons enforcement petition when the agent refused to comply.
• United States v. Armocida
  515 F.2d 49· 3d Cir.· 1975-04-11 ·cited 33×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that recordings made with one-party consent are admissible in federal court even if they violate state law, and that the defendant was not entitled to an entrapment instruction.
• Maddox v. Elliot L. Richardson
  464 F.2d 617· 6th Cir.· 1972-08-10 ·cited 33×
  The court held that a claimant may seek judicial review of the Secretary's decision to refuse to reopen a prior final determination of disability benefits, even if the refusal is not a 'final decision' under 42 U.S.C. § 405(g), provided the refusal is not committed to agency disc
• United States v. Weiner
  418 F.2d 849· 5th Cir.· 1969-10-22 ·cited 33×
  The court held that the trial judge's sentencing discretion was not abused and that a clerical error in the judgment was harmless.
• Carter Ray Scott v. Fancher
  369 F.2d 842· 5th Cir.· 1966-12-09 ·cited 33×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that diversity jurisdiction was proper and the exclusion of expert testimony was not an abuse of discretion.
• Nat'l Labor Relations Bd. v. J. R. Simplot Co.
  322 F.2d 170· 9th Cir.· 1963-08-20 ·cited 33×
  The court held that the Board did not abuse its discretion by setting aside the first election without a hearing, as the respondent's exceptions did not raise substantial factual issues.
• Wooten v. Ohler
  303 F.2d 759· 5th Cir.· 1962-06-06 ·cited 33×
  The court held that the Sheriff's interference with peaceful picketing, based on a policy of protecting non-union shops, likely violated constitutional rights, and thus the preliminary injunction was not an abuse of discretion.
• Rose v. Yuille
  88 So. 2d 318· Fla.· 1956-05-30 ·cited 33×
  A real estate broker sued homeowners for refusing to sell their property after he claimed to have produced a willing buyer. The trial court excluded testimony from a witness the broker disclosed only days before trial, despite prior orders to disclose all witnesses at a pretrial
• Ned William Wilson III v. State
  306 So. 3d 1267· Fla. 1st DCA· 2020-11-20 ·cited 32×
  The appellate court dismissed an appeal from a defendant who sought a downward departure sentence, holding that Florida law generally does not permit defendants to appeal a trial court's discretionary decision to deny such a departure. The court certified conflict with other Flor
• Long v. Sec'y, Dep't OF Corr., Warden, Fla. State Prison, John Does, as designee of Barry Reddish, and/or Mark S. Inch
  924 F.3d 1171· 11th Cir.· 2019-05-22 ·cited 32×
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• McDANIEL Reserve Realty Holdings, LLC v. B.S.E. Consultants, Inc.
  39 So. 3d 504· Fla. 4th DCA· 2010-07-07 ·cited 32×
  McDaniel Reserve Realty Holdings sued BSE Consultants and its employees in Palm Beach County for negligence and fraud related to alleged misrepresentations about environmental conditions of property located in Hendry County. The trial court transferred the case to Hendry County b
• Morris v. Dollar Tree Store & Specialty Risk Servs.
  869 So. 2d 704· Fla. 1st DCA· 2004-04-06 ·cited 32×
  In this workers' compensation appeal, the court reversed a judge of compensation claims' award of attorney's fees to claimant Angie Morris, finding the JCC erred in three respects: interpreting the statute to bar pre-petition attorney time, awarding an hourly rate unsupported by
• State v. Wiita
  744 So. 2d 1232· Fla. 4th DCA· 1999-11-10 ·cited 32×
  The court held that the trial court did not abuse its discretion in vacating the defendant's sentence because the defendant's guilty plea was not entered knowingly or voluntarily due to the unforeseen consequences of a later enacted statute requiring sex offender registration and
• Thomas v. Juanza Perkins and John R. Perkins
  723 So. 2d 293· Fla. 3d DCA· 1998-10-21 ·cited 32×
  The court affirmed the award of attorney's fees and costs, finding that res judicata barred challenges to entitlement and that the absence of a transcript precluded review of the award's excessiveness.
• Bell v. State
  643 So. 2d 674· Fla. 1st DCA· 1994-10-11 ·cited 32×
  The court held that the trial court abused its discretion by revoking probation because the appellant did not willfully and substantially violate the conditions, as the additional requirements imposed by the counselor and probation officer were unauthorized modifications.
• Phillips v. Lorrie Lytton Ficarra
  618 So. 2d 312· Fla. 4th DCA· 1993-05-05 ·cited 32×
  The court held that the exclusion of the deceased physician's medical records and the refusal to send MRI scans to the jury were errors requiring reversal.