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

• Harrelson v. United States
  613 F.2d 114· 5th Cir.· 1980-03-07 ·cited 32×
  The court held that the district court did not abuse its discretion in dismissing the complaint for failure to prosecute and in enjoining further litigation.
• Marchion Terrazzo, Inc. v. Altman
  372 So. 2d 512· Fla. 3d DCA· 1979-06-26 ·cited 32×·via Abuse Of Discretion Standard For Attorney'S Fees
  Marchion Terrazzo appeals from a trial court's award of $500 in attorney's fees under Florida's Deceptive and Unfair Trade Practices Act, contending the amount is inadequately low. The appellate court reverses, holding that the trial judge abused discretion by awarding fees gross
• Weisenberger v. Huecker
  593 F.2d 49· 6th Cir.· 1979-02-27 ·cited 32×·via Abuse Of Discretion Standard For Fee Awards
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to pending cases and allows for attorney's fees for time spent litigating fee awards.
• Tennille G. Sheehan v. Secretary OF Health
  593 F.2d 323· 8th Cir.· 1979-02-23 ·cited 32×·via Abuse Of Agency Discretion
  The court held that the district court lacked subject matter jurisdiction to review the denial of an extension of time to appeal an administrative law judge's decision because the claimant failed to exhaust administrative remedies and the Secretary did not waive this requirement.
• Norwood v. Harrison
  581 F.2d 518· 5th Cir.· 1978-10-05 ·cited 32×
  The court affirmed the district court's award of attorneys' fees up to a certain date and remanded for further determination of fees for subsequent services.
• Duval v. Midwest Auto City, Inc.
  578 F.2d 721· 8th Cir.· 1978-06-12 ·cited 32×
  A defendant waives the right to challenge the sufficiency of the plaintiff's evidence by introducing their own evidence after a motion for dismissal is denied or reserved. The award of attorney fees under the Motor Vehicle Information and Cost Savings Act is not an abuse of discr
• Limin Kung v. FOM Inv. Corp.
  563 F.2d 1316· 9th Cir.· 1977-11-01 ·cited 32×
  The court held that summary judgment was proper due to conclusory allegations unsupported by fact, and dismissal for lack of prosecution was not an abuse of discretion.
• Miller v. Republic Nat'l Life Ins. Co.
  559 F.2d 426· 5th Cir.· 1977-09-19 ·cited 32×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in approving the class action settlement, as it was fair, reasonable, and adequate, and the notice provided satisfied due process requirements.
• United States v. Taylor
  554 F.2d 200· 5th Cir.· 1977-06-17 ·cited 32×
  The court held that the trial judge abused his discretion by failing to excuse a juror for cause after she expressed significant bias and prejudice, and by not disclosing the full substance of her statements to counsel.
• United States v. Cohen
  544 F.2d 781· 5th Cir.· 1977-01-03 ·cited 32×
  The court held that the defendant's conviction for filing a materially false Offer in Compromise was supported by sufficient evidence and that the trial court did not abuse its discretion in admitting a prior conviction for impeachment or a relevant letter.
• United States v. Williams
  545 F.2d 47· 8th Cir.· 1976-11-17 ·cited 32×
  The court held that the exclusion of Arkansas statutes and regulations was not an abuse of discretion, and the district court did not commit plain error by not granting a mistrial based on alleged jury communication.
• Asociacion de Empleados del Instituto de Cultura Puertor-Riquena v. Morales
  538 F.2d 915· 1st Cir.· 1976-07-26 ·cited 32×
  The court held that the district court did not abuse its discretion in dismissing the complaint with prejudice for failure to prosecute and comply with court orders.
• Mo. Portland Cement Co. v. H. K. Porter Co., Inc.
  535 F.2d 388· 8th Cir.· 1976-05-03 ·cited 32×
  The court held that the district court did not abuse its discretion in denying appellant's request for a preliminary injunction because appellant failed to establish the prerequisites for such relief.
• Patterson v. Stovall
  528 F.2d 108· 7th Cir.· 1976-01-08 ·cited 32×
  The court held that the trial judge did not abuse his discretion in approving the class action settlement, interpreting the agreement to allow for potential further restitution.
• ELI Einbinder, Inc. v. Miami Crystal ICE Co.
  317 So. 2d 126· Fla. 3d DCA· 1975-06-10 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying motions to dismiss for failure to prosecute and correctly found the appellants to be month-to-month tenants who wrongfully held over.
• United States v. Sturgeon
  501 F.2d 1270· 8th Cir.· 1974-07-18 ·cited 32×
  The court held that the search warrant was validly issued under state law and complied with federal rules, and that the defendant's other contentions lacked merit.
• Sanden v. Mayo Clinic
  495 F.2d 221· 8th Cir.· 1974-04-17 ·cited 32×
  The court held that the trial court did not abuse its discretion in its rulings regarding the introduction of fraud evidence, the attendance of a physician at a medical examination, the submission of evidence, defense counsel's conduct, or discovery matters.
• Bettie B. Schultz v. Schultz
  290 So. 2d 146· Fla. 2d DCA· 1974-02-08 ·cited 32×
  The appellate court held that the trial court abused its discretion by not awarding sufficient alimony and child support, ordering amendments to the judgment.
• United States v. Harrington
  490 F.2d 487· 2d Cir.· 1973-12-28 ·cited 32×
  The dissenting judge argues that the majority erred in reversing the conviction based on the admission of mug shot photographs.
• United States v. Woosley
  440 F.2d 1280· 8th Cir.· 1971-03-29 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• United States v. Linell Gray
  421 F.2d 316· 5th Cir.· 1970-01-20 ·cited 32×
  The court held that the district court abused its discretion in finding the appellant mentally competent to stand trial, given the unimpeached expert testimony of incompetence.
• Miller v. United States
  410 F.2d 1290· 8th Cir.· 1969-05-14 ·cited 32×·via Abuse Of Discretion Standard For Severance
  The court held that the joinder of defendants and offenses was proper under the Federal Rules of Criminal Procedure and that the alleged trial errors, including evidentiary rulings and prosecutorial comments, were harmless.
• Bartlett-Collins Co. v. Surinam Navigation Co.
  381 F.2d 546· 10th Cir.· 1967-02-20 ·cited 32×·via Manifest Abuse Of Discretion
  The court held that ocean carriers are entitled to recover freight charges from shippers, even if the carriers' agent's conduct caused the shippers to pay twice, and that the issue of the forwarder's agency for the carriers could not be raised for the first time on appeal.
• United States v. Lewis
  338 F.2d 137· 6th Cir.· 1964-11-20 ·cited 32×
  The court held that the trial judge did not err in denying the motion for a new trial based on recanted testimony, nor did the judge's extensive questioning constitute reversible error, and the evidence was sufficient to support the jury's verdict.
• United States v. Keegan
  331 F.2d 257· 7th Cir.· 1964-04-02 ·cited 32×·via Abuse Of Discretion Standard For Continuance
  Each payment by an employer to a union representative constitutes a separate violation of 29 U.S.C.A. § 186(b), and the jury was properly instructed on the definition of 'willfully violates'.
• Tatum v. Blackstock
  319 F.2d 397· 5th Cir.· 1963-06-25 ·cited 32×
  The court held that the trial court did not abuse its discretion in granting a preliminary injunction, deferring to the Corps of Engineers for the initial determination of whether a permit was required for construction activities on a tidal flat affecting navigable waters.
• Atl. City Elec. Co. v. A. B. Chance Co.
  313 F.2d 431· 2d Cir.· 1963-01-31 ·cited 32×·via Manifest Abuse Of Discretion
  The court held that interlocutory review of an order allowing the use of grand jury testimony in a civil deposition is not warranted under 28 U.S.C. § 1292(b) absent a manifest abuse of discretion.
• Bailey v. Sympson
  148 So. 2d 729· Fla. 3d DCA· 1963-01-22 ·cited 32×
  In this personal injury damages case, the trial court granted a new trial based on grounds that the jury verdict was contrary to evidence, contrary to law, and shocking to the court's conscience. The appellate court reversed, holding that where a judge's claim that his conscience
• Cherney v. Cherney
  146 So. 2d 914· Fla. 3d DCA· 1962-12-04 ·cited 32×
  Nina Cherney appealed a divorce decree challenging the child support award of $17.50 per week per child as inadequate. The Florida appellate court affirmed the award, holding that the chancellor did not abuse his discretion and that appellate courts should not substitute their ju
• Freeman v. Bandlow
  143 So. 2d 547· Fla. 2d DCA· 1962-07-13 ·cited 32×
  The court modified child support payments based on the father's increased ability to pay and the mother's financial need, despite the original agreement's terms.
• Nedrick Young v. Motion Picture Ass'n OF Am., Inc.
  299 F.2d 119· D.C. Cir.· 1962-01-18 ·cited 32×·via Abuse Of Discretion Standard On Appeal
  The denial of a preliminary injunction will not be set aside unless the District Court's action constitutes clear error or abuse of discretion, and the record supported the trial court's findings.
• Burton Ginsberg v. Ginsberg
  127 So. 2d 137· Fla. 3d DCA· 1961-03-02 ·cited 32×
  A divorced husband appealed a final divorce decree challenging the sufficiency of evidence for extreme cruelty, the award structure, alleged judicial bias, and the amount of alimony and child support ordered. The appellate court affirmed the divorce decree while modifying it to s
• Steiner v. United States
  229 F.2d 745· 9th Cir.· 1956-01-23 ·cited 32×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that counts 8-11 of the indictment were fatally defective for failing to specify the law violated by the importations, but count 1, charging conspiracy, was sufficient. The court also found no prejudice from a juror's conversation with a witness.
• Atl. Seaboard Corp. v. Fed. Power Comm'n
  201 F.2d 568· 4th Cir.· 1953-01-31 ·cited 32×·via Abuse Of Administrative Discretion
  The court held that the Federal Power Commission abused its discretion by assigning a later filing date to petitioners' rate schedules, causing them irreparable harm.
• Marida Silas v. Sheriff of Broward Cnty.
  55 F.4th 863· 11th Cir.· 2022-12-14 ·cited 31×
  The Eleventh Circuit affirmed the district court's decision to decline supplemental jurisdiction over state-law claims and remand the case to state court, finding the district court acted within its broad discretion.
• PlayNation Play Sys., Inc. v. Velex Corp.
  939 F.3d 1205· 11th Cir.· 2019-09-24 ·cited 31×
  The court held that Velex and its officers were properly held in civil contempt for violating the injunction and that the award of attorneys' fees was appropriate, affirming the district court's decision.
• Abeid-Saba v. Carnival Corp.
  184 So. 3d 593· Fla. 3d DCA· 2016-01-27 ·cited 31×
  Passengers from the Costa Concordia cruise ship disaster sued Carnival Corporation and related entities in Florida state court after the ship ran aground in Italian waters on January 13, 2012. The court applied the forum non conveniens doctrine to evaluate whether the cases shoul
• Bearden v. State
  161 So. 3d 1257· Fla.· 2015-04-16 ·cited 31×
  The Florida Supreme Court resolved a conflict between two district courts on whether a trial judge or jury determines the credibility of an in-court witness testifying about an out-of-court statement against penal interest made by a third party. The court held that credibility as
• Lorillard Tobacco Co. v. Alexander
  123 So. 3d 67· Fla. 3d DCA· 2013-09-04 ·cited 31×
  Lorillard Tobacco Company appeals a jury verdict awarding damages to Dorothy Alexander for the smoking-related death of her husband Coleman. The court affirmed the $10 million remitted compensatory damages award and $25 million punitive damages award, rejecting Lorillard's challe
• Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III
  89 So. 3d 923· Fla. 4th DCA· 2012-03-21 ·cited 31×
  This consolidated appeal addresses whether Florida trial courts may bifurcate mortgage foreclosure remedies by allowing a lender to pursue money judgments first and defer the foreclosure sale until the lender certifies non-satisfaction of those judgments. The Fourth District Cour
• Osanna S. Carmona and Nelson L. Carmona v. Wal-Mart Stores
  81 So. 3d 461· Fla. 2d DCA· 2011-11-18 ·cited 31×
  The Carmonas appealed the denial of their motion for relief from judgment following summary judgment in Wal-Mart's favor in their civil suit arising from Mrs. Carmona's arrest for shoplifting. They claimed they were denied procedural due process at the summary judgment hearing be
• Bennett v. Tenet ST. Mary's, Inc.
  67 So. 3d 422· Fla. 4th DCA· 2011-08-10 ·cited 31×
  A minor's parents appealed dismissals of a medical malpractice case against healthcare providers. The trial court dismissed the case against two defendants for the plaintiff's repeated failure to comply with discovery orders and appear at hearings. The appellate court affirmed th
• Punsky v. Clay Cnty. Bd. OF Cnty. Comm'rs & Scibal Assocs.
  60 So. 3d 1088· Fla. 1st DCA· 2011-03-31 ·cited 31×
  The court held that section 440.34(3) allows prevailing parties in workers' compensation cases to recover reasonable costs, and that other cited statutes do not preclude such an award to an employer/carrier who successfully defends against a claim.
• Christine Thomas, M.D. v. Osler Med., Inc.
  963 So. 2d 896· Fla. 5th DCA· 2007-08-24 ·cited 31×
  Dr. Christine Thomas appeals the denial of her motion to dissolve a temporary injunction that barred her from practicing medicine within a 10-mile radius of her former employer's office for two years, enforcing a covenant not to compete. The court affirmed the injunction, holding
• Szucs v. Qualico Dev., Inc.
  893 So. 2d 708· Fla. 2d DCA· 2005-02-23 ·cited 31×
  Joe Szucs appeals a default judgment for damages in a shareholder dispute with Qualico Development, Inc. The court affirmed the denial of his motion to vacate the default but reversed the damages award, holding that unliquidated damages require a trial rather than summary judgmen
• J P Morgan Chase Bank v. Combee
  883 So. 2d 330· Fla. 1st DCA· 2004-08-30 ·cited 31×
  JPMorgan Chase Bank appealed a trial court's dismissal with prejudice of its complaint against Lynn Combee for failure to appear at a scheduled case management conference. The First District Court of Appeal affirmed the dismissal, finding that the bank's failure to provide a tran
• Bank ONE, N.A. v. Harrod
  873 So. 2d 519· Fla. 4th DCA· 2004-05-19 ·cited 31×
  Bank One appealed the dismissal with prejudice of its mortgage foreclosure complaint based on the bank's failure to comply with a discovery order. The Fourth District Court of Appeal reversed, holding that the trial court failed to apply the required six-factor test from Kozel v.
• Rivera v. State
  840 So. 2d 284· Fla. 5th DCA· 2003-01-31 ·cited 31×
  A prosecutor's comment during closing argument that the jury would have to find a victim's identification unworthy of belief to acquit a defendant does not improperly shift the burden of proof when the defendant's entire defense consists of challenging the victim's identification
• Marco Island Civic Ass'n, Inc. v. Luc Christian Mazzini
  805 So. 2d 928· Fla. 2d DCA· 2001-10-31 ·cited 31×
  Marco Island Civic Association and Sally Bhavnani appealed a trial court order designating Bhavnani as the defendant class representative in a declaratory judgment action brought by Dr. Mazzini challenging deed restrictions on his property. The appellate court reversed, holding t
• Satz v. McDonnell Douglas Corp.
  244 F.3d 1279· 11th Cir.· 2001-03-22 ·cited 31×
  Five personal representatives of passengers killed in an Austral Airlines crash in Uruguay sued McDonnell Douglas Corporation in Florida federal court for product liability and negligence. The district court dismissed the case on forum non conveniens grounds, finding Argentina an