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

• Moore v. State
  701 So. 2d 545· Fla.· 1997-10-02 ·cited 128×
  Thomas James Moore was convicted of murdering Johnny Parrish, an adult neighbor, and was sentenced to death. The Florida Supreme Court affirmed Moore's convictions and death sentence on direct appeal, finding most of his appellate claims meritless and one claim of evidentiary err
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×
  Harrel Franklin Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary, child neglect, and attempted escape in the 1998 death of five-year-old Quatisha Maycock. The Florida Supreme Court affirmed his death sentence and all convictions after reviewing
• Darrian Bryant v. Ford
  967 F.3d 1272· 11th Cir.· 2020-08-03 ·cited 126×
  The Eleventh Circuit held that the district court abused its discretion by sua sponte dismissing a habeas petition as untimely without providing proper safeguards or using the correct operative date for calculating the statute of limitations.
• Bryant v. State
  901 So. 2d 810· Fla.· 2005-04-28 ·cited 126×
  Byron Bryant challenges a circuit court order striking his initial postconviction motion and, alternatively, denying his Rule 3.851 motion for postconviction relief. The Florida Supreme Court holds that the trial court abused its discretion by striking the motion without granting
• Betty K Agencies, Ltd. v. M/V Monada
  432 F.3d 1333· 11th Cir.· 2005-12-16 ·cited 125×
  Betty K Agencies sued Tidal Wave and the M/V MONADA for breach of a vessel charter agreement, seeking return of unearned charter hire and advances. The district court sua sponte dismissed the case with prejudice, citing Betty K's failure to answer a counterclaim and failure to pe
• McCRAY v. State
  71 So. 3d 848· Fla.· 2011-07-07 ·cited 124×
  Gary Bernard McCray, II was convicted of four counts of first-degree murder in the May 23, 2004 shooting deaths of four victims at a drug house in Orange Park, Florida. The Florida Supreme Court affirmed his convictions and death sentences on direct appeal, rejecting eleven chall
• Pain v. United Techs. Corp.
  637 F.2d 775· D.C. Cir.· 1980-11-17 ·cited 124×
  The court held that the trial judge did not abuse discretion in conditionally dismissing wrongful death actions on forum non conveniens grounds, as the balance of private and public interests favored an alternative forum.
• Sosa v. Safeway Premium Fin. Co.
  73 So. 3d 91· Fla.· 2011-07-07 ·cited 123×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision denying class certification in a consumer case involving alleged illegal overcharging of premium finance charges. The Court held that the trial court properly certified a class action where Safeway s
• Ondrejack v. Ondrejack
  839 So. 2d 867· Fla. 4th DCA· 2003-03-12 ·cited 123×
  Karen Ondrejack appeals a final judgment of dissolution of marriage, challenging the trial court's award of bridge-the-gap alimony and child support calculations. The appellate court reverses and remands the alimony and child support awards due to insufficient statutory factor fi
• Cappadora v. Celebrezze
  356 F.2d 1· 2d Cir.· 1966-01-28 ·cited 123×
  The court held that judicial review of the Secretary's refusal to reopen a claim is available under the Administrative Procedure Act for abuse of discretion, even if not explicitly provided by the Social Security Act.
• Schoenwetter v. State
  931 So. 2d 857· Fla.· 2006-04-27 ·cited 122×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Randy Schoenwetter was convicted of two counts of first-degree murder and sentenced to death for killing Virginia and Ronald Friskey during a home invasion. The Florida Supreme Court affirmed the convictions and death sentences, finding the trial court properly admitted evidence,
• VAN Wagner v. State
  677 So. 2d 314· Fla. 1st DCA· 1996-04-12 ·cited 122×
  The court held that the trial court abused its discretion in revoking probation because the record did not support a finding that the probationer's violations were willful and substantial.
• General William C. Westmoreland v. CBS, Inc.
  770 F.2d 1168· D.C. Cir.· 1985-08-20 ·cited 122×
  The court held that the district court erred in denying sanctions under Rule 11 against CBS for filing a groundless contempt petition against a non-party witness. However, the court affirmed the denial of costs and attorneys' fees for attending the deposition itself.
• United States v. Susanne M. Hutchinson
  488 F.2d 484· 8th Cir.· 1973-12-05 ·cited 122×·via Abuse Of Discretion Standard For Severance
  The court held that the entry by an undercover agent invited into a home for a drug transaction did not require announcement under 18 U.S.C. § 3109, and that sufficient evidence supported the convictions for possession with intent to distribute and conspiracy.
• United States v. Bailleaux
  685 F.2d 1105· 9th Cir.· 1982-08-30 ·cited 121×
  The court held that the trial court did not abuse its discretion in denying a change of venue, admitting evidence of prior criminal conduct, or admitting a taped conversation, as any errors were harmless.
• Rozier v. Ford Motor Co.
  573 F.2d 1332· 5th Cir.· 1978-06-05 ·cited 121×
  The court held that the district court abused its discretion in denying the plaintiff's motion for a new trial under Rule 60(b)(3) because the defendant engaged in misconduct by failing to disclose a relevant cost engineering report, which prejudiced the plaintiff's ability to pr
• Grunin v. Int'l House OF Pancakes
  513 F.2d 114· 8th Cir.· 1975-03-17 ·cited 121×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the district court's approval of the class action settlement regarding notice and fairness but remanded the attorney fee award for reevaluation due to insufficient evidence.
• Cleo R. Herrera v. Valentine
  653 F.2d 1220· 8th Cir.· 1981-07-13 ·cited 120×
  The court held that a jury may award damages for the violation of substantive constitutional rights independent of actual physical or emotional injury, and that the $300,000 verdict was not excessive.
• Perez v. State
  536 So. 2d 206· Fla.· 1988-12-01 ·cited 119×
  The Florida Supreme Court upheld the constitutionality of section 90.803(23), a hearsay exception allowing out-of-court statements of child sexual abuse victims, rejecting the defendant's argument that the statute violated the Confrontation Clause. The court held that the statute
• Jordan v. Ga. Dep't of Corr.
  947 F.3d 1322· 11th Cir.· 2020-01-10 ·cited 117×
  Mississippi death row inmates Richard Jordan and Ricky Chase sought information about Georgia's lethal injection drug supplier through a subpoena, arguing it was relevant to their Eighth Amendment challenge to Mississippi's execution protocol and would demonstrate a feasible alte
• Lawson v. State
  969 So. 2d 222· Fla.· 2007-10-25 ·cited 117×
  The Florida Supreme Court held that a trial court does not abuse its discretion in revoking probation for discharge from a court-ordered drug treatment program based on nonattendance, even when the probation order fails to specify the number of attempts allowed or time period for
• BMW OF N. Am., Inc. v. Krathen
  471 So. 2d 585· Fla. 4th DCA· 1985-06-12 ·cited 117×
  BMW appealed a judgment entered pursuant to an offer of judgment rule after the Krathens accepted BMW's settlement offer. BMW sought to vacate or modify the judgment, claiming that return of the vehicle was an implied condition precedent to the $20,500 settlement offer. The court
• Douglas v. State
  878 So. 2d 1246· Fla.· 2004-05-06 ·cited 116×
  Luther Douglas was convicted of sexual battery and first-degree felony murder of Mary Ann Hobgood and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal, rejecting challenges to the admission of crime scene photographs, the
• Lugo v. State
  845 So. 2d 74· Fla.· 2003-02-20 ·cited 116×·via Abuse Of Discretion Standard For Severance
  Daniel Lugo was convicted of two murders (Frank Griga and Krisztina Furton), two attempted murders (Marc Schiller), racketeering, and other related felonies. The Florida Supreme Court affirmed his convictions and death sentences, finding substantial evidence of a sophisticated cr
• Lawson Prods., Inc. v. Avnet, Inc.
  782 F.2d 1429· 7th Cir.· 1986-02-10 ·cited 116×
  The court held that the district court did not err in denying the preliminary injunction, affirming that preliminary injunction decisions involve significant discretion for the district judge and are reviewed with deference.
• United States v. Criden
  648 F.2d 814· 3d Cir.· 1981-04-20 ·cited 116×
  The court held that while access to court records is not an absolute constitutional right, it is generally favored, and trial courts have discretion to balance competing interests, including the potential for prejudice and privacy concerns, when deciding whether to allow copying
• RAY v. State
  755 So. 2d 604· Fla.· 2000-02-03 ·cited 115×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Terry Paul Ray was convicted of first-degree murder, robbery, and grand theft for his role in a liquor store robbery that resulted in the death of a sheriff's deputy. The Florida Supreme Court affirmed the murder conviction but reduced the sentence from death to life imprisonment
• United States v. Vega
  860 F.2d 779· 7th Cir.· 1988-10-17 ·cited 115×·via Abuse Of Discretion (Appellate Review)
  The court held that the district court did not err in denying the defendant's motion to dismiss under the Speedy Trial Act, nor in admitting voice identification testimony, and that the evidence was sufficient to support the convictions.
• McMULLEN v. Immigr. & Naturalization Serv.
  658 F.2d 1312· 9th Cir.· 1981-10-13 ·cited 115×
  The court held that a Board of Immigration Appeals finding of no likelihood of persecution under 8 U.S.C. § 1253(h) is subject to review under the substantial-evidence standard. The Board's finding in this case was not supported by substantial evidence.
• Amlong & Amlong, P.A. v. Denny's, Inc.
  500 F.3d 1230· 11th Cir.· 2006-07-31 ·cited 114×
  Karen Coolman Amlong, William R. Amlong, and their law firm appealed from a district court order imposing sanctions exceeding $400,000 under 28 U.S.C. § 1927 for their representation of a Title VII sexual harassment plaintiff. The Eleventh Circuit reversed the sanctions, holding
• Demenech v. Sec'y OF THE Dep't OF Health & Human Servs.
  913 F.2d 882· 11th Cir.· 1990-10-02 ·cited 114×
  The court held that denying a claimant the opportunity to cross-examine a post-hearing physician whose report was crucial to the termination of benefits violates due process.
• Samuel W. Brown, M.D. v. Fed'n OF State Med. Bds. OF THE United States
  830 F.2d 1429· 7th Cir.· 1987-09-22 ·cited 114×
  The court held that while the district court correctly imposed Rule 11 sanctions, it abused its discretion by failing to specify the basis and computation of the award, requiring a remand for redetermination.
• Roberson v. United States
  249 F.2d 737· 5th Cir.· 1957-11-22 ·cited 114×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying a bill of particulars, handling juror acquaintance with counsel, admitting evidence of prior convictions, or limiting cross-examination.
• Ford v. State
  802 So. 2d 1121· Fla.· 2001-09-13 ·cited 113×
  James D. Ford was convicted of two counts of first-degree murder, sexual battery with a firearm, and child abuse for the April 1997 deaths of Greg and Kimberly Malnory at a Florida sod farm. The Florida Supreme Court affirmed his convictions and death sentences, finding the trial
• Scull v. State
  533 So. 2d 1137· Fla.· 1988-09-08 ·cited 113×
  Jesus Scull was convicted of two counts of first-degree murder and sentenced to death for the 1983 murders of Miriam Mejides and Lourdes Villegas. The Florida Supreme Court affirmed the murder convictions but vacated the death sentence due to multiple errors in the sentencing pha
• Ford Motor Co. v. Kikis
  401 So. 2d 1341· Fla.· 1981-07-30 ·cited 113×
  Ford Motor Company petitioned the Florida Supreme Court to review a district court decision that reinstated a jury verdict for Kikis in a products liability case. The Supreme Court addressed two issues: whether an appellate court must explicitly identify conflicting decisions to
• United States v. Cook
  608 F.2d 1175· 9th Cir.· 1979-06-29 ·cited 113×
  A defendant is entitled to appellate review of a denied Rule 609 motion without testifying, but must demonstrate prejudice from the ruling.
• Hoskins v. State
  965 So. 2d 1· Fla.· 2007-04-19 ·cited 112×·via Abuse Of Discretion Standard On Appeal
  Johnny Hoskins appeals his death sentence on resentencing following remand for a new penalty phase proceeding. The Florida Supreme Court affirmed the death sentence, finding no error in jury selection, jury instructions, consideration of aggravating and mitigating circumstances,
• Crossley v. State
  596 So. 2d 447· Fla.· 1992-03-19 ·cited 112×
  The Florida Supreme Court held that the trial court erred in denying Larry Crossley's motion to sever the trial of an armed robbery from charges arising out of a separate kidnapping and armed robbery, despite the crimes occurring within hours and miles of each other, because the
• Paez v. Sec'y, Fla. Dep't of Corr.
  947 F.3d 649· 11th Cir.· 2020-01-07 ·cited 111×
  A district court may sua sponte dismiss a habeas petition as untimely based on judicially noticed state court docket entries, provided the petitioner receives fair notice and an opportunity to be heard.
• LaMARCA v. State
  785 So. 2d 1209· Fla.· 2001-03-08 ·cited 111×
  Anthony LaMarca was convicted of first-degree murder and sentenced to death for killing Kevin Flynn, his son-in-law. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple challenges to the trial court's evidentiary rulings, denial of a judgment
• United States v. Meester
  762 F.2d 867· 11th Cir.· 1985-05-20 ·cited 111×
  The court held that the district court did not abuse its discretion in admitting evidence of a murder relevant to ongoing drug conspiracies and that the jury instructions were proper.
• Russell v. State
  982 So. 2d 642· Fla.· 2008-05-01 ·cited 110×
  The Florida Supreme Court held that Crawford v. Washington does not apply to probation revocation proceedings, and that hearsay evidence coupled with non-hearsay corroborating testimony (such as observation of injury) may support revocation of probation if the totality of circums
• United States v. Grier
  866 F.2d 908· 7th Cir.· 1989-01-11 ·cited 110×
  The court held that the district court did not err in denying the motion to compel production of pen register materials, as the defendant had ample opportunity for cross-examination and the denial was not prejudicial.
• Huff v. White Motor Corp.
  609 F.2d 286· 7th Cir.· 1979-10-09 ·cited 110×
  The court held that a decedent's statement about an accident should have been admitted under the residual hearsay exception if the declarant was mentally competent, and that the Indiana wrongful death statute does not authorize punitive damages.
• United States v. Cleophas James Kearney
  560 F.2d 1358· 9th Cir.· 1977-08-22 ·cited 109×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that the defendants' convictions for conspiracy and distribution of controlled substances were valid, affirming the trial court's decisions regarding joinder, deposition testimony admissibility, jury instructions, sentencing, and effective assistance of counsel.
• Gentile v. Gentile
  565 So. 2d 820· Fla. 4th DCA· 1990-08-01 ·cited 108×
  In this dissolution case, the Florida Fourth District Court of Appeal reversed the trial court's awards of alimony, child support, and property distribution, finding that their cumulative effect constituted an abuse of discretion by leaving the husband with insufficient income to
• Carvajal-Munoz v. Immigr. & Naturalization Serv.
  743 F.2d 562· 7th Cir.· 1984-09-12 ·cited 108×
  The court affirmed the BIA's order denying asylum and withholding of deportation, finding the petitioner failed to meet the burden of establishing a well-founded fear of persecution.
• Williams v. The City OF Valdosta
  689 F.2d 964· 11th Cir.· 1982-10-21 ·cited 108×
  The court held that the district court erred in granting judgment notwithstanding the verdict and a new trial, as the plaintiff presented sufficient evidence for a jury to find that his demotion was in retaliation for protected First Amendment activities.
• United States v. Herman
  589 F.2d 1191· 3d Cir.· 1978-11-17 ·cited 108×
  A federal court can review a United States Attorney's discretionary refusal to seek immunity for a defense witness for abuse of discretion, and can order a judgment of acquittal if discretion is improperly exercised.