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

• Cordoba-Chaves v. Immigr. & Naturalization Serv.
  946 F.2d 1244· 7th Cir.· 1991-10-22 ·cited 32×
  The Board of Immigration Appeals did not abuse its discretion in denying discretionary relief under section 212(c) of the Immigration and Nationality Act, as its decision was supported by substantial evidence and rationally explained.
• United States v. Morrison
  946 F.2d 484· 7th Cir.· 1991-10-10 ·cited 32×
  The court should have remanded for an evidentiary hearing regarding the defendant's claim of ineffective assistance of counsel.
• United States v. McDONALD
  935 F.2d 1212· 11th Cir.· 1991-07-17 ·cited 32×
  The court held that the defendants' convictions for conspiracy to possess cocaine with intent to distribute were supported by sufficient evidence and that various procedural and sentencing issues raised on appeal lacked merit.
• United States v. Harris
  932 F.2d 1529· 5th Cir.· 1991-06-03 ·cited 32×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the convictions and sentences, finding no merit in the appellants' various challenges regarding evidence admission, jury instructions, statutory interpretation, suppression motions, and sentencing guideline applications.
• United States v. Boyer
  931 F.2d 1201· 7th Cir.· 1991-05-07 ·cited 32×
  The court held that the defendant failed to meet his burden of proof to show his prior convictions were constitutionally invalid and that the district court's finding that the drug quantity was foreseeable was not clearly erroneous.
• Seilkop v. Seilkop
  575 So. 2d 269· Fla. 3d DCA· 1991-02-19 ·cited 32×
  In this dissolution of marriage case, the Florida appellate court reversed the trial court's awards of child support and alimony to the wife, finding the child support amount excessive and unsupported by the record, and the alimony award unjustified given the parties' three-month
• United States v. Rogat
  924 F.2d 983· 10th Cir.· 1991-01-29 ·cited 32×
  The court held that the district court did not abuse its discretion in ordering full restitution, as the appellants have substantial earning capacity and the order did not require immediate payment.
• United States v. Ira Glen Anthony Walters
  904 F.2d 765· 1st Cir.· 1990-05-31 ·cited 32×
  The court held that the admission of a photograph of a defendant holding a firearm was proper under Fed.R.Evid. 404(b) and 403, and that the evidence was sufficient to support convictions for drug conspiracy and related offenses.
• United States v. Studley
  892 F.2d 518· 7th Cir.· 1989-12-14 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for continuance, severance, and acquittal, nor in admitting evidence of prior similar acts.
• Logan v. Dayton Hudson Corp.
  865 F.2d 789· 6th Cir.· 1989-01-19 ·cited 32×
  The court held that the district court did not abuse its discretion in granting a new trial on damages because it improperly admitted expert testimony beyond the chiropractor's scope of expertise.
• United States v. DOE
  860 F.2d 488· 1st Cir.· 1988-10-27 ·cited 32×
  The court held that the admission of hearsay evidence regarding Honduran government authorization for boarding was proper under Federal Rule of Evidence 803(24), and prosecutorial misconduct during closing arguments, while improper, did not constitute reversible error given the o
• Aretha S. Baker v. Buckeye Cellulose Corp.
  856 F.2d 167· 11th Cir.· 1988-09-30 ·cited 32×
  The court held that the district court erred in denying a motion for a preliminary injunction without an evidentiary hearing, as irreparable harm is presumed in Title VII cases and a hearing is necessary to determine all elements for injunctive relief.
• United States v. Clemente Hernandez-Bermudez
  857 F.2d 50· 1st Cir.· 1988-09-26 ·cited 32×
  The court held that even if admitting evidence of the defendant's flight was an abuse of discretion, it did not prejudice the defendant's substantial rights, and therefore the conviction is affirmed.
• United States v. Vest
  842 F.2d 1319· 1st Cir.· 1988-03-21 ·cited 32×
  The court held that the district court did not commit reversible error in admitting 'bad acts' evidence or prior consistent statements, and affirmed the conviction.
• Nw. Acceptance Corp. v. Lynnwood Equip., Inc.
  841 F.2d 918· 9th Cir.· 1988-03-04 ·cited 32×
  The court affirmed the district court's judgment, holding that the security agreement, not the financing statement, defined the extent of the security interest, and that various claims and counterclaims were either without merit, waived, or barred by law.
• PPG Indus., Inc. v. Celanese Polymer Specialties Co., Inc.
  840 F.2d 1565· Fed. Cir.· 1988-03-03 ·cited 32×
  The court held that the district court abused its discretion in denying attorney fees for participation in PTO reissue proceedings and Federal Circuit appeals, and for in-house counsel, due to misapplication of law and insufficient documentation analysis.
• United States v. Hernandez
  829 F.2d 988· 10th Cir.· 1987-09-22 ·cited 32×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in denying the defendant's motions to sever, suppress wiretap evidence, disclose informants, admit post-arrest threat evidence, or in admitting co-conspirator statements.
• United States v. Wright
  826 F.2d 938· 10th Cir.· 1987-08-11 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying motions for continuance, bill of particulars, severance, and in admitting certain evidence, and that sufficient evidence supported the jury's convictions.
• In re Ruben v. Warren City Schs.
  825 F.2d 977· 6th Cir.· 1987-07-30 ·cited 32×
  The court held that sanctions against the plaintiff and her attorney were improper because the plaintiff's action was not frivolous or brought in bad faith, and the attorney's conduct did not unreasonably multiply proceedings. The court also reversed the taxation of costs against
• Elbert A. Cobb and Gail Smith Cobb v. Beauregard H. Miller, Jr.
  818 F.2d 1227· 5th Cir.· 1987-06-15 ·cited 32×
  The court held that attorney's fees under 42 U.S.C. § 1988 are a collateral issue, meaning a judgment on the merits is final and appealable even if fees are undetermined. The court also held that reducing a lodestar fee award solely based on nominal damages or success against few
• Salinger v. Random House, Inc.
  811 F.2d 90· 2d Cir.· 1987-01-29 ·cited 32×
  The court held that the biographer's extensive quoting and close paraphrasing of unpublished letters, even if for scholarly purposes, constitutes copyright infringement and does not qualify as fair use under ordinary circumstances.
• Savers Fed. Sav. & Loan Ass'n v. Sandcastle Beach Joint Venture an Ala. Gen. P'ship
  498 So. 2d 519· Fla. 1st DCA· 1986-11-14 ·cited 32×
  Savers Federal appealed the denial of a deficiency judgment in a foreclosure of a condominium project, arguing the trial court improperly determined fair market value. The appellate court agreed, holding that the trial judge could not selectively accept parts of the appraiser's t
• Green v. Am. Airlines, Inc.
  804 F.2d 453· 8th Cir.· 1986-10-29 ·cited 32×
  The court affirmed the district court's judgment, finding no abuse of discretion in evidentiary rulings or the denial of a new trial.
• United States v. Wheeler
  802 F.2d 778· 5th Cir.· 1986-10-15 ·cited 32×
  The court held that the trial court did not abuse its discretion in accepting partial verdicts, mentioning defendants' inmate status during voir dire, denying severance motions, finding sufficient evidence for convictions, or imposing sentences.
• Gen. Signal Corp. v. Donallco, Inc.
  787 F.2d 1376· 9th Cir.· 1986-04-24 ·cited 32×
  The court held that the finding of civil contempt was proper, but the imposed sanctions and attorney fees were not sufficiently supported by the record and must be reconsidered.
• Cookish v. Cunningham
  787 F.2d 1· 1st Cir.· 1986-03-20 ·cited 32×
  The court held that the district court did not abuse its discretion in denying the appointment of counsel, quashing subpoenas, or in its ultimate denial of relief, as no exceptional circumstances were demonstrated.
• In re Donn Kemble v. Griffith Brokerage Co.
  776 F.2d 802· 9th Cir.· 1985-11-01 ·cited 32×
  The court affirmed the district court's order lifting the automatic stay but dismissed the appeal of the order withdrawing the reference for lack of jurisdiction.
• Hilgeford v. The Peoples Bank
  776 F.2d 176· 7th Cir.· 1985-10-31 ·cited 32×·via Abuse Of Discretion Standard For Sanctions
  The court held that a land patent alone does not create a federal question sufficient for federal court jurisdiction, and affirmed the district court's dismissal and sanctions.
• Halliburton & Assocs., Inc. v. Henderson
  774 F.2d 441· 11th Cir.· 1985-10-18 ·cited 32×
  The district court did not abuse its discretion in denying leave to amend the complaint because the proposed Securities Act claims were arbitrable, rendering the amendment futile.
• United States v. Lane
  765 F.2d 1376· 9th Cir.· 1985-07-16 ·cited 32×
  The court held that the trial court did not err in denying the motion for a continuance, nor was the indictment insufficient, and the evidence was sufficient to support the conviction for conspiracy to defraud the United States.
• Ahwazi v. Immigr. & Naturalization Serv.
  751 F.2d 1120· 9th Cir.· 1985-01-16 ·cited 32×
  The Board of Immigration Appeals (BIA) abused its discretion by failing to consider the factual basis of petitioners' motions to reopen deportation proceedings before weighing the ultimate equities of their cases.
• United States v. Mitchell
  744 F.2d 701· 9th Cir.· 1984-10-04 ·cited 32×·via Abuse Of Discretion Standard For Continuance
  The court held that the indictment sufficiently alleged mail fraud and that the denial of a continuance and a bill of particulars did not constitute an abuse of discretion.
• United States v. Vitale
  728 F.2d 1090· 8th Cir.· 1984-02-29 ·cited 32×
  The court held that the defendant's post-indictment statements were admissible because they were volunteered and not deliberately elicited, and that the admission of other crimes evidence was proper rebuttal. The court also found no abuse of discretion in discovery rulings and su
• United States v. Crisco
  725 F.2d 1228· 9th Cir.· 1984-02-14 ·cited 32×
  The district court's finding that the statement was not the result of custodial interrogation is clearly erroneous.
• Keylik v. Goldstein
  724 F.2d 844· 1st Cir.· 1984-01-11 ·cited 32×
  The court held that an attorney's prior consultation with a potential witness, even if brief and followed by withdrawal, can create a conflict of interest warranting disqualification if the matters are substantially related to the current litigation, and that opposing counsel has
• Webber v. The EYE Corp.
  721 F.2d 1067· 7th Cir.· 1983-10-26 ·cited 32×
  The court held that the district court abused its discretion by dismissing the plaintiff's claims for failure to prosecute and for lack of jurisdiction, as the dismissal was too severe a sanction given the circumstances.
• Leblanc v. Immigr. & Naturalization Serv.
  715 F.2d 685· 1st Cir.· 1983-08-18 ·cited 32×
  The Board of Immigration Appeals did not abuse its discretion in denying the Leblancs' motions to reopen deportation proceedings without making findings as to their statutory eligibility, as the Board could exercise its discretion based on adverse factors and prior disregard for
• United States v. Morano
  697 F.2d 923· 11th Cir.· 1983-02-10 ·cited 32×
  The court held that the evidence was sufficient to sustain the jury's verdict and that the district court did not abuse its discretion in admitting evidence of another arsonist's convictions and modus operandi.
• Locascio v. Teletype Corp.
  694 F.2d 497· 7th Cir.· 1982-12-02 ·cited 32×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial judge did not abuse her discretion in dismissing the case for failure to prosecute.
• United States v. Reynaldo Garcia
  693 F.2d 412· 5th Cir.· 1982-11-26 ·cited 32×
  The court held that a defendant must demonstrate material inaccuracy and reliance by the judge on that information to challenge a sentence based on a presentence report, and that codefendants' sentences are not a basis for appeal.
• Gipson v. Veterans Admin. & the United States
  682 F.2d 1004· D.C. Cir.· 1982-07-13 ·cited 32×
  The court affirmed the Merit Systems Protection Board's decision, finding the proceedings were not procedurally infirm, the charges were supported by substantial evidence, and the removal was not an excessive punishment or improperly motivated.
• Silberman v. Bogle
  683 F.2d 62· 3d Cir.· 1982-06-28 ·cited 32×
  The court held that attorneys' fees for participation in SEC proceedings are not recoverable under the equitable fund doctrine unless it's shown that the benefit would not have accrued but for the participation, and that the trial court did not abuse its discretion in calculating
• United States v. Hadaway
  681 F.2d 214· 4th Cir.· 1982-06-10 ·cited 32×
  The court held that the admission of evidence of a criminal defendant's similar bad acts, even if relevant for intent, was improper when it served only to show propensity and was unduly prejudicial.
• United States v. Sarcinelli
  667 F.2d 5· 5th Cir.· 1982-01-20 ·cited 32×
  The court held that the district court abused its discretion by imposing the severe sanction of suppressing all government evidence for a prosecutor's failure to comply with discovery orders without considering less drastic alternatives.
• Gerscovich v. Eugenio Alberto Gerscovich
  406 So. 2d 1150· Fla. 5th DCA· 1981-10-28 ·cited 32×
  In this Florida divorce appeal, the court addressed custody, child support, alimony, and property division, upholding the trial court's award of rotating annual custody of two children (ages 11 and 15) between parents while modifying child support, property interest, and indemnif
• Dedmon v. State
  400 So. 2d 1042· Fla. 1st DCA· 1981-07-10 ·cited 32×
  The court affirmed the convictions and sentences, finding no abuse of discretion in denying severance, no unlawful search, and no speedy trial violation.
• Nat'l Labor Relations Bd. v. Permanent Label Corp.
  657 F.2d 512· 3d Cir.· 1981-06-30 ·cited 32×
  The court held that the established rule requiring the NLRB to articulate detailed factors justifying a Gissel bargaining order over a new election is an unwarranted assumption of authority by the court and impedes national labor policy.
• Commonwealth OF Puerto RICO v. The SS ZOE Colocotroni
  628 F.2d 652· 1st Cir.· 1980-08-12 ·cited 32×
  The court held that the district court did not abuse its discretion in striking the defendants' pleadings as a sanction for discovery misconduct, and that the plaintiffs had standing to sue for environmental damages.
• United States v. Grote
  632 F.2d 387· 5th Cir.· 1980-07-14 ·cited 32×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction, finding no merit in the appellant's various challenges to the trial proceedings and evidence.
• Robinson v. Kimbrough
  620 F.2d 468· 5th Cir.· 1980-06-30 ·cited 32×
  The court held that plaintiffs were prevailing parties entitled to attorneys' fees under the Civil Rights Attorneys' Fees Award Act of 1976, as their lawsuit served as a significant catalyst for the modification of jury lists, and no special circumstances rendered an award unjust