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

• Gore v. Harris
  772 So. 2d 1243· Fla.· 2000-12-08 ·cited 31×
  The Florida Supreme Court reversed the trial court's denial of all relief in an election contest challenging the certification of the 2000 presidential election results. The Court held that Gore established sufficient grounds for a manual recount of Miami-Dade County undervotes a
• Alphonso Cave v. State
  727 So. 2d 227· Fla.· 1998-12-24 ·cited 31×
  Alphonso Cave appeals his death sentence for his role in a 1982 convenience store robbery and murder. After two prior death sentences were vacated on procedural grounds, Cave was re-sentenced to death following a jury recommendation. The Florida Supreme Court affirmed the death s
• Young v. Hector
  740 So. 2d 1153· Fla. 3d DCA· 1998-06-24 ·cited 31×
  In a dissolution of marriage case, the appellate court reversed the trial court's award of primary residential custody to the attorney-parent, finding that the trial court abused its discretion by not continuing the established caretaking roles and by improperly weighing the atto
• McCONN v. State
  708 So. 2d 308· Fla. 2d DCA· 1998-03-11 ·cited 31×
  A motion to amend a rule 3.850 postconviction motion that raises new grounds for relief must be treated like a successive motion, and the trial court may deny it if the defendant fails to demonstrate good cause for the failure to include those grounds in the original motion, abse
• Cedric Council v. State
  691 So. 2d 1192· Fla. 4th DCA· 1997-04-23 ·cited 31×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that a gun found during a search incident to arrest was admissible as relevant evidence to prove the defendant's identity, even if it did not perfectly match witness descriptions, because it shared significant similarities with the weapon used in the robbery.
• Tramel v. Runette J. Bass
  672 So. 2d 78· Fla. 1st DCA· 1996-04-19 ·cited 31×
  Sheriff Tramel appeals a default judgment imposed as a sanction for intentionally altering a videotape by omitting six seconds that contradicted his deputy's account of events. The trial court found the sheriff's employees deliberately edited the tape to mislead the court and opp
• State v. Lintalliferro Chandler
  668 So. 2d 1087· Fla. 1st DCA· 1996-03-05 ·cited 31×
  Florida appeals a downward departure sentence imposed on Chandler. The trial court sentenced him to 36 months imprisonment plus 24 months probation, which constituted a downward departure from the guidelines range of 50-84 months. The appellate court affirmed, finding the trial c
• Gov't Emps. Ins. Co. v. Burns
  672 So. 2d 834· Fla. 3d DCA· 1996-01-17 ·cited 31×
  A trial court may sua sponte transfer a case on forum non conveniens grounds, but only after providing the parties with appropriate advance notice and a fair opportunity to be heard. The trial court abused its discretion when it transferred venue without such notice and opportuni
• Vergara-Molina v. Immigr. & Naturalization Serv.
  956 F.2d 682· 7th Cir.· 1992-02-10 ·cited 31×
  The court held that the Board of Immigration Appeals adequately considered all necessary factors when denying a discretionary waiver of deportation, and thus the petition for review is dismissed.
• Celestine Pierre and the Estate of James Nolan Pierre, Jr. v. Conn. Gen. Life Ins. Company/Life Ins. Co. of N. Am.
  932 F.2d 1552· 5th Cir.· 1991-06-18 ·cited 31×
  The court held that the *Firestone Tire & Rubber Co. v. Bruch* decision does not mandate de novo review for factual determinations made by ERISA plan administrators; an abuse of discretion standard is appropriate.
• United States v. Carter
  910 F.2d 1524· 7th Cir.· 1990-08-23 ·cited 31×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the defendant's convictions and sentence, holding that his confessions were voluntary and admissible, and that his classification as a career offender was proper.
• Hohe v. Casey
  868 F.2d 69· 3d Cir.· 1989-02-16 ·cited 31×
  The court held that the plaintiffs failed to demonstrate irreparable harm, and therefore, the district court did not abuse its discretion in denying the motion for a preliminary injunction.
• Hybritech Inc. v. Abbott Labs.
  849 F.2d 1446· Fed. Cir.· 1988-06-17 ·cited 31×
  The court affirmed the district court's grant of a preliminary injunction, finding no abuse of discretion in its determination of a likelihood of success on the merits, irreparable harm, balance of hardships, or public interest.
• Kirshner v. Uniden Corp. OF Am.
  842 F.2d 1074· 9th Cir.· 1988-03-18 ·cited 31×
  The court held that a district court cannot issue a protective order under Fed.R.Civ.P. 26(c) for documents obtained in a separate action, and that sanctions imposed without adequate notice and opportunity to be heard violate due process.
• Kreager v. Glickman
  519 So. 2d 666· Fla. 4th DCA· 1988-01-20 ·cited 31×
  The appellate court affirmed the trial court's order granting injunctive relief, finding it reviewable as a non-final order granting an injunction, and that the trial court did not abuse its discretion.
• Hasbrouck v. Texaco, Inc.
  842 F.2d 1034· 9th Cir.· 1987-10-26 ·cited 31×
  The court affirmed the district court's decision, holding that Texaco's price differential was an unlawful price discrimination under the Robinson-Patman Act and that the plaintiffs had sufficiently proven antitrust injury and damages.
• Barona Grp. OF the Capitan Grande Band OF Mission Indians v. Am. Mgmt. & Amusement, Inc.
  824 F.2d 710· 9th Cir.· 1987-08-07 ·cited 31×
  The court held that the 1983 tribal bingo management agreement was null and void under 25 U.S.C. § 81 because it was not approved by the Secretary of the Interior or the Bureau of Indian Affairs, and that the district court did not err in granting summary judgment.
• Harris v. Pernsley
  820 F.2d 592· 3d Cir.· 1987-05-15 ·cited 31×
  The Third Circuit affirmed the district court's denial of the District Attorney's motion to intervene as of right in a prison conditions lawsuit. The court held that the District Attorney did not possess a sufficient legal interest to intervene, as his duties did not encompass th
• Crown Cork & Seal Co., Inc. v. Vroom
  480 So. 2d 108· Fla. 2d DCA· 1985-11-01 ·cited 31×·via Abuse Of Discretion Standard For New Trial Motions
  Crown Cork & Seal Company appeals from a trial court's order granting a new trial on compensatory damages after a jury verdict awarded $40,000 to one plaintiff but nothing to others for injuries allegedly caused by contamination from hazardous waste disposal. The appellate court
• Wilhelm v. Blue Bell, Inc.
  773 F.2d 1429· 4th Cir.· 1985-09-18 ·cited 31×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that there was substantial evidence to support the jury's finding of age discrimination, but the jury instruction on willfulness was erroneous. Therefore, the denial of judgment notwithstanding the verdict is affirmed, but the award of liquidated damages is reverse
• Del. Valley Citizens' Council FOR Clean AIR v. Commonwealth OF PA.
  762 F.2d 272· 3d Cir.· 1985-05-14 ·cited 31×
  Attorneys fees can be awarded for the work of in-house counsel who actively participate in litigation, and multipliers for lodestar fees are permissible in rare cases of superior work and exceptional success or contingency.
• Walker v. The JIM Dandy Co.
  747 F.2d 1360· 11th Cir.· 1984-12-04 ·cited 31×
  The court held that the district court did not abuse its discretion in denying class certification, but did abuse its discretion by failing to consider all four factors for timeliness when denying a motion to intervene.
• Deep Aggarwal v. Ponce Sch. OF Med.
  745 F.2d 723· 1st Cir.· 1984-10-04 ·cited 31×
  The court held that the district court abused its discretion by failing to consider the plaintiff's financial circumstances when setting a bond requirement under a local rule, and by relying on the ad damnum clause of the complaint.
• First Republic Corp. OF Am. v. Hayes
  431 So. 2d 624· Fla. 3d DCA· 1983-04-19 ·cited 31×
  A Florida appellate court reversed a trial court's exclusion of a defendant's expert witness as an abuse of discretion, finding that while courts may impose sanctions for violations of pretrial conference orders, exclusion of expert testimony is too harsh a remedy under these cir
• Garrity v. Gallen
  697 F.2d 452· 1st Cir.· 1983-01-10 ·cited 31×
  The court held that the district court did not abuse its discretion in denying the applicants' motion to intervene as untimely, affirming the lower court's decision.
• Farnese v. Bagnasco
  687 F.2d 761· 3d Cir.· 1982-08-31 ·cited 31×
  The court held that there was no abuse of discretion in the district court's refusal to vacate the default judgment.
• Standard & Poor's Corp., Inc. v. Commodity Exch., Inc.
  683 F.2d 704· 2d Cir.· 1982-06-29 ·cited 31×
• Rivera v. City OF Riverside
  679 F.2d 795· 9th Cir.· 1982-06-15 ·cited 31×
  The court held that the district court did not abuse its discretion in awarding attorney's fees that exceeded the jury verdict and included time spent on unsuccessful but related claims.
• Nat'l Labor Relations Bd. v. HMO International/California Med. Grp. Health Plan, Inc.
  678 F.2d 806· 9th Cir.· 1982-06-02 ·cited 31×
  The court should grant the enforcement order because the NLRB did not ignore a legal standard in determining the appropriate bargaining unit.
• United States v. Cutler
  676 F.2d 1245· 9th Cir.· 1982-05-10 ·cited 31×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the conviction on Count Two should be vacated rather than remanded for a new trial, as the government conceded the conviction had no practical consequences.
• Onnestad v. State
  404 So. 2d 403· Fla. 5th DCA· 1981-10-07 ·cited 31×
  The court held that a defendant's unsupported allegation that medication impaired his thinking is insufficient to require withdrawal of a guilty plea, especially when the trial court questioned him about the medication's effects.
• United States v. Ernestine Horton
  622 F.2d 144· 5th Cir.· 1980-07-23 ·cited 31×
  The court held that the trial judge did not abuse discretion in granting a new trial, appointing a special master, or entering partial summary judgments, and that the government was entitled to recover Medicare overpayments.
• Productos Carnic, S.A. v. Cent. Am. Beef & Seafood Trading Co.
  621 F.2d 683· 5th Cir.· 1980-07-14 ·cited 31×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction to preserve the status quo, but modified the injunction to require the sale of the disputed beef.
• United States v. Parr
  594 F.2d 440· 5th Cir.· 1979-05-03 ·cited 31×
  A forfeiture of bail in excess of $10,000.00 is an abuse of discretion when the defendant's default was brief and the government's prejudice minimal.
• Nat'l Labor Relations Bd. v. Adrian Belt Co.
  578 F.2d 1304· 9th Cir.· 1978-07-27 ·cited 31×
  The court held that the National Labor Relations Board's order finding the respondent companies violated the National Labor Relations Act by refusing to bargain with the certified union is enforceable, as the Board's rulings on challenged ballots were supported by substantial evi
• United States v. Ortiz
  553 F.2d 782· 2d Cir.· 1977-04-11 ·cited 31×
  The court held that the trial court did not abuse its discretion in admitting evidence of the defendant's prior drug conviction for impeachment purposes and that the hearsay statements were admissible.
• Bland v. Mitchell
  245 So. 2d 47· Fla.· 1970-11-25 ·cited 31×
  The Florida Supreme Court resolved a conflict among appellate districts regarding the reviewability of orders denying motions to set aside final judgments in default cases. The Court held that such orders are appealable under Florida Appellate Rule 4.2, and approved the Fourth Di
• States S.S. Co. v. Philippine AIR Lines
  426 F.2d 803· 9th Cir.· 1970-05-08 ·cited 31×
  The court held that the district judge did not abuse his discretion in dismissing the complaint for lack of prosecution.
• Fields v. United States
  408 F.2d 885· 5th Cir.· 1969-03-18 ·cited 31×
  The court held that the trial court did not commit plain error by failing to order a severance, nor was the indictment duplicitous, and the appellant was not denied effective assistance of counsel.
• Popkin v. Crispen
  213 So. 2d 445· Fla. 4th DCA· 1968-07-31 ·cited 31×
  Rose Popkin appeals the dismissal of her negligence action arising from a 1962 motor vehicle accident. The trial court dismissed the case for lack of prosecution and failure to comply with court orders requiring counsel attendance at hearings. The appellate court reversed, findin
• Morgan v. State
  142 So. 2d 308· Fla. 2d DCA· 1962-06-13 ·cited 31×
  Morgan appeals his conviction and sentence for grand larceny, challenging the trial judge's refusal to allow him to withdraw his guilty pleas and his denial of access to the presentence investigation report. The Florida appellate court affirms, establishing that presentence inves
• Detroit Football Co. v. Robinson
  283 F.2d 657· 5th Cir.· 1960-11-14 ·cited 31×
  The court held that the denial of a preliminary injunction will be affirmed if the trial court did not abuse its discretion.
• Mitchell v. E-Z WAY Towers, Inc.
  269 F.2d 126· 5th Cir.· 1959-07-30 ·cited 31×
  The court should affirm the order for a more definite statement but reverse the dismissal and remand to allow the plaintiff time to comply.
• Witt-Bahls v. Bahls
  193 So. 3d 35· Fla. 4th DCA· 2016-04-20 ·cited 30×
  In this matrimonial dissolution appeal, the Fourth District Court of Appeal reversed in part the trial court's determination regarding stock appreciation and timesharing restrictions, holding that appreciation of Kiewit stock was properly classified as nonmarital because the husb
• In re the Involuntary Placement of Marsha Kay Drummond. Marsha Kay Drummond v. State
  69 So. 3d 1054· Fla. 2d DCA· 2011-09-21 ·cited 30×
  Marsha Kay Drummond appeals an involuntary placement order issued under Florida's Baker Act. The court establishes the standards of review applicable when a trial court reviews a magistrate's Baker Act report and when a district court reviews the trial court's decision, ultimatel
• Kahli Ubiles v. State
  23 So. 3d 1288· Fla. 4th DCA· 2010-01-06 ·cited 30×
  Kahli Ubiles challenged the revocation of his probation based on seven alleged violations. The Fourth District Court of Appeal affirmed the conviction for marijuana possession but reversed the firearm possession convictions, finding insufficient evidence that Ubiles had knowledge
• Hinkley v. Gould
  971 So. 2d 955· Fla. 5th DCA· 2007-12-28 ·cited 30×
  Martha Hinkley, a real estate broker, appeals a trial court's award of attorney's fees and costs to the closing agent (Gould-Cooksey) in an interpleader action involving a disputed brokerage commission. The court reversed, holding that the closing agent cannot recover attorney's
• H & H Elec., Inc. v. Lopez
  967 So. 2d 345· Fla. 3d DCA· 2007-10-10 ·cited 30×
  H & H Electric and its employee Zanti appealed a jury verdict awarding $435,968.16 to Lopez for injuries sustained in a motorcycle-truck collision. The appellate court affirmed, finding no abuse of discretion in the trial court's preclusion of expert testimony about surveillance
• Mariano v. State
  933 So. 2d 111· Fla. 4th DCA· 2006-05-31 ·cited 30×
  Frank Mariano was convicted of attempted second degree murder of his former girlfriend after an incident involving a knife. The Fourth District Court of Appeal reversed the conviction because the trial court erroneously admitted impeachment evidence regarding threats to an irrele
• Alphonso Green v. State
  907 So. 2d 489· Fla.· 2005-04-28 ·cited 30×
  Alphonso Green appeals his death sentences for two counts of first-degree murder imposed after resentencing in 2002. The Florida Supreme Court affirms, finding no legal error in the trial court's jury instructions, evidentiary rulings, or application of aggravating circumstances,