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

• Stevens v. Greyhound Lines, Inc.
  710 F.2d 1224· 7th Cir.· 1983-06-23 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action for failure to prosecute and for failure to cooperate in discovery, nor in denying the plaintiff's motion for relief from the dismissal order.
• Fitzharris v. Wolff
  702 F.2d 836· 9th Cir.· 1983-04-01 ·cited 30×·via Abuse Of Discretion Standard For Fee Awards
  The court held that an inmate who obtained a temporary restraining order preventing his transfer to a dangerous prison, and whose case later became moot due to parole, was a prevailing party entitled to attorney's fees under 42 U.S.C. § 1988.
• Agustin v. Immigr. & Naturalization Serv.
  700 F.2d 564· 9th Cir.· 1983-03-01 ·cited 30×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings because he failed to make a prima facie showing of extreme hardship.
• Marroquin-Manriquez v. The Immigr. & Naturalization Serv.
  699 F.2d 129· 3d Cir.· 1983-01-27 ·cited 30×
  The court held that the Board of Immigration Appeals did not err in denying the petitioner's request for withholding of deportation and asylum, nor did it abuse its discretion in denying discovery motions.
• The State Exch. Bank v. R.F. Hartline and Mrs. R.F. Hartline
  693 F.2d 1350· 11th Cir.· 1982-12-20 ·cited 30×
  The court held that the district court did not abuse its discretion in striking defendants' affirmative defenses and counterclaims, dismissing their counterclaims, and entering summary judgment for the plaintiff bank due to numerous violations of pretrial orders.
• Murphy v. White HEN Pantry Co.
  691 F.2d 350· 7th Cir.· 1982-10-19 ·cited 30×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that the plaintiffs failed to adequately plead a breach of contract claim and that no fiduciary duty was owed by the franchisor to the franchisees under Wisconsin law.
• Nat'l Labor Relations Bd. v. S. Cent. Bell Tel. Co.
  688 F.2d 345· 5th Cir.· 1982-10-04 ·cited 30×
  The court held that the National Labor Relations Board did not abuse its discretion in refusing to defer to a prior arbitration decision, and that the employer violated the National Labor Relations Act by imposing longer suspensions on union stewards solely due to their status.
• Knudsen Corp. v. Nev. State Dairy Comm'n
  676 F.2d 374· 9th Cir.· 1982-05-03 ·cited 30×
  The court held that the district court did not abuse its discretion in denying abstention and granting a preliminary injunction against Nevada's dairy price filing scheme, finding a high probability of success on the merits of the antitrust claims.
• United States v. Reeves
  674 F.2d 739· 8th Cir.· 1982-04-06 ·cited 30×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not err in denying motions for severance and mistrial, nor in refusing to grant continuances, and that the evidence was sufficient to support the jury's guilty verdicts.
• United States v. Hunter
  672 F.2d 815· 10th Cir.· 1982-03-16 ·cited 30×
  The court held that trial courts lack the power to independently grant use immunity to witnesses, as this power is solely the prerogative of the government. All other asserted grounds for appeal were also found meritless.
• Corriz v. Emilio Naranjo
  667 F.2d 892· 10th Cir.· 1981-12-09 ·cited 30×·via Manifest Abuse Of Discretion
  The court held that defendants' objections regarding potential double recovery were not properly preserved for appeal because they failed to make specific objections to the jury instructions or verdict forms as required by Rule 51.
• Niyom Phinpathya and Padungsri Phinpathya v. Immigr. & Naturalization Serv.
  673 F.2d 1013· 9th Cir.· 1981-10-01 ·cited 30×
  The court held that the Board of Immigration Appeals (BIA) applied an erroneous legal standard in determining both extreme hardship for Mr. Phinpathya and continuous physical presence for Mrs. Phinpathya, and erred in finding Mrs. Phinpathya lacked good moral character.
• Sorachai Sida and Nongyao Puasirirutskul Sida v. Immigr. & Naturalization Serv.
  665 F.2d 851· 9th Cir.· 1981-06-15 ·cited 30×
  The BIA abused its discretion by denying Mrs. Sida's motion to reopen deportation proceedings without considering the new medical evidence presented.
• Citibank v. Data Lease Fin. Corp.
  645 F.2d 333· 5th Cir.· 1981-05-18 ·cited 30×
  An order confirming a judicial sale is a final, appealable order, and the failure to appeal an earlier order directing the sale limits review to jurisdictional issues and abuse of discretion in confirmation.
• United States v. DE LA Torre
  634 F.2d 792· 5th Cir.· 1981-01-19 ·cited 30×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Separate and distinct false declarations in trial testimony, requiring different factual proof of falsity, may properly be charged in separate counts, even if related to the same transaction.
• Mobley v. Fulford VAN & Storage & Monarch Ins. Co.
  390 So. 2d 426· Fla. 1st DCA· 1980-11-13 ·cited 30×
  In this worker's compensation appeal, the court affirmed the deputy commissioner's ruling allowing surveillance films as impeachment evidence but reversed and remanded because the deputy commissioner's order lacked sufficient findings of fact to support the denial of benefits.
• Veroncia G'Sell v. G'Sell
  390 So. 2d 1196· Fla. 5th DCA· 1980-11-05 ·cited 30×
  In this divorce appeal, the wife challenged the trial court's award of rehabilitative alimony and child support. The Fifth District Court of Appeal affirmed the child support award but reversed the alimony award, holding that where the wife demonstrated no capacity for self-suppo
• McQUEEN v. Lucinda B. Stratton
  389 So. 2d 1190· Fla. 2d DCA· 1980-10-01 ·cited 30×
  The court held that the Human Leukocyte Antigen (HLA) test results were admissible to prove paternity and that the trial court did not abuse its discretion in awarding child support.
• United States v. Miller
  624 F.2d 1198· 3d Cir.· 1980-06-26 ·cited 30×
  A former government attorney can be disqualified from representing a client if they had 'responsibility, whether exercised or not,' over the subject matter of the case while in public service, even if their involvement was advisory and not direct supervision.
• United States v. Fearwell
  595 F.2d 771· D.C. Cir.· 1978-12-27 ·cited 30×·via Abuse Of Discretion In Denying Continuance
  The court held that evidence of a prior attempted petit larceny conviction is not admissible for impeachment under Federal Rule of Evidence 609(a)(2) because the crime does not involve dishonesty or false statement. However, the court remanded to determine if the erroneous ruling
• Starr v. Fed. Aviation Admin.
  589 F.2d 307· 7th Cir.· 1978-12-19 ·cited 30×
  The FAA's denial of Captain Starr's exemption from the Age 60 Rule was not an abuse of discretion, as the agency is permitted to establish an exemption policy, including a no-exemption policy for certain rules, and the court will defer to the agency's determination of safety stan
• Morrow v. Igleburger
  584 F.2d 767· 6th Cir.· 1978-09-07 ·cited 30×
  The court affirmed the district court's judgment, finding no error in the assessment of damages or the handling of witness appearances.
• Olaf Nielson v. Armstrong Rubber Co.
  570 F.2d 272· 8th Cir.· 1978-02-09 ·cited 30×
  The court held that the trial court did not abuse its discretion in allowing an amendment to add a strict products liability claim, admitting expert testimony, or denying motions for judgment notwithstanding the verdict or a new trial.
• The Med. Soc'y OF the State OF NEW York v. Toia
  560 F.2d 535· 2d Cir.· 1977-08-08 ·cited 30×
  The court held that the district court erred in granting interim injunctive relief because the plaintiffs failed to establish a probability of success on the merits.
• United States v. Olivas
  558 F.2d 1366· 10th Cir.· 1977-06-22 ·cited 30×·via Abuse Of Discretion Standard For Continuance
  The court held that separate sentences may not be imposed for offenses arising from the same transaction, even if convictions are affirmed.
• Santiago v. Rivera
  553 F.2d 710· 1st Cir.· 1977-04-21 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' suit for want of prosecution, affirming the dismissal with prejudice.
• Sec. & Exch. Comm'n v. Senex Corp.
  534 F.2d 1240· 6th Cir.· 1976-05-07 ·cited 30×
  The court held that the district judge did not abuse his discretion in entering the preliminary injunction.
• Xerox Corp. v. SCM Corp.
  534 F.2d 1031· 2d Cir.· 1976-04-15 ·cited 30×·via Manifest Abuse Of Discretion
  The court held that interlocutory appeals of discovery orders are generally not permitted without specific certification or a showing of manifest abuse of discretion.
• Warner S. Kelly and Samuel S. Parras v. Lou V. Brewer
  525 F.2d 394· 8th Cir.· 1975-11-19 ·cited 30×·via Abuse Of Administrative Discretion
  The court held that while administrative segregation is permissible, prolonged confinement requires meaningful periodic review by prison administrators, and the district court erred in imposing a specific plan that removed discretion from the Warden.
• In re York Int'l Bldg., Inc. v. Chaney
  527 F.2d 1061· 9th Cir.· 1975-10-23 ·cited 30×
  The court held that appellants lacked standing to challenge the trustee's appointment and that the district court abused its discretion in awarding excessive compensation to the trustee.
• Mister Sanders v. Caspar Weinberger
  522 F.2d 1167· 7th Cir.· 1975-09-12 ·cited 30×
• United States v. Francene Wilson Isaacs and Isaac Washington
  516 F.2d 409· 5th Cir.· 1975-07-25 ·cited 30×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in admitting testimony and that sufficient evidence supported the conspiracy conviction.
• Panzavecchia v. State
  311 So. 2d 782· Fla. 3d DCA· 1975-04-15 ·cited 30×
  The court held that the trial court did not abuse its discretion in denying the motion for severance and that the prosecutor's remarks did not warrant a mistrial.
• Marshall v. Allyn R. Sielaff
  492 F.2d 917· 3d Cir.· 1974-02-27 ·cited 30×
  The court held that the district court did not abuse its discretion in dismissing the action for lack of prosecution, affirming the dismissal.
• United States v. Campbell
  466 F.2d 529· 9th Cir.· 1972-08-28 ·cited 30×
  The court held that the admission of a weapon purchase receipt and an agent's testimony regarding an informant were not erroneous, and sufficient evidence supported the conviction.
• Winfield Assocs., Inc. v. Stonecipher
  429 F.2d 1087· 10th Cir.· 1970-07-14 ·cited 30×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the denial of equitable relief from a default judgment, finding the appellant's situation resulted from inexcusable neglect and failure to pursue available legal remedies like appeal.
• United States v. LEE
  428 F.2d 917· 6th Cir.· 1970-06-24 ·cited 30×·via Abuse Of Discretion Standard For Severance
  The court held that a court-martial conviction counts as a prior conviction for the purposes of 15 U.S.C. § 902(e), and that the admission of evidence regarding the stolen nature of the firearm was harmless error. However, the court found that the government failed to demonstrate
• Nat'l Labor Relations Bd. v. Pinkerton's, Inc.
  428 F.2d 479· 6th Cir.· 1970-06-04 ·cited 30×·via Abuse Of Administrative Discretion
  The dissenting judge would hold that the Regional Director's factual conclusions supported the Board's approval of the proposed bargaining unit and that the employer's conduct impaired election conditions, warranting a new election.
• Atomic OIL Co. OF Okla., Inc. v. Bardahl OIL Co.
  419 F.2d 1097· 10th Cir.· 1969-12-30 ·cited 30×·via Abuse Of Discretion Standard For Preliminary Injunctions
  A bond given as a condition precedent to a temporary injunction under Fed.R.Civ.P. 65(c) is supplemented, not supplanted, by a second bond for a permanent injunction, and recovery is permissible on both bonds even if the trial court later determines the injunction was improperly
• United States v. Long
  419 F.2d 91· 5th Cir.· 1969-12-03 ·cited 30×·via Abuse Of Discretion Standard For Continuance
  The court held that the uncorroborated testimony of an accomplice is sufficient to sustain a conviction, and the denial of a continuance and failure to record certain proceedings do not constitute reversible error without a showing of specific prejudice.
• Dyotherm Corp. v. Turbo Mach. Co.
  392 F.2d 146· 3d Cir.· 1968-03-14 ·cited 30×
  The court held that dismissal for want of prosecution was an abuse of discretion under the circumstances, and the order of dismissal should be reversed.
• Beaty v. Beaty
  177 So. 2d 54· Fla. 2d DCA· 1965-07-07 ·cited 30×
  In this divorce case, Frances Jean Beaty appeals a final decree awarded to her on grounds of extreme cruelty, challenging primarily the trial court's denial of alimony and its order requiring her to repay $4,811.17 (plus interest) withdrawn from joint accounts during marriage. Th
• Ex parte Blaski
  245 F.2d 737· 5th Cir.· 1957-06-14 ·cited 30×
  A district court has the power to transfer a civil action under 28 U.S.C. § 1404(a) to a district where the action might have been brought, even if the defendants could not have been served with process in that district, provided the defendants consent to the transfer.
• Mytinger & Casselberry, Inc. v. Numanna Labs. Corp.
  215 F.2d 382· 7th Cir.· 1954-08-23 ·cited 30×
  The court held that the district court did not abuse its discretion in granting the preliminary injunction, as the record presented a reasonable basis for the order.
• Jones v. Governor of Florida
  950 F.3d 795· 11th Cir.· 2020-02-19 ·cited 29×
  Florida voters approved Amendment 4 in 2018 to automatically restore voting rights to felons who completed their sentences, but Florida's legislature implemented the amendment to require payment of all fines, fees, and restitution as a condition of re-enfranchisement. The Elevent
• Poole v. State
  151 So. 3d 402· Fla.· 2014-06-26 ·cited 29×
  Mark Anthony Poole was convicted of murder, attempted murder, sexual battery, burglary, and robbery. After his initial death sentence was vacated on direct appeal due to cumulative errors during the penalty phase, he was resentenced to death following a new penalty phase proceedi
• Milton v. Julianna Milton
  113 So. 3d 1040· Fla. 1st DCA· 2013-06-05 ·cited 29×
  Stephen Milton appealed a trial court order that failed to hold his former wife Julianna in contempt for violating a time-sharing agreement and did not order return of their minor child from New York. The First District Court of Appeal affirmed the trial court's discretionary dec
• Jose and Anais Suarez v. Benihana Nat'l OF Fla. Corp.
  88 So. 3d 349· Fla. 3d DCA· 2012-05-09 ·cited 29×
  The appellate court reversed a trial court's dismissal with prejudice of a negligence action against Benihana restaurant, finding that the trial court abused its discretion by imposing the severe sanction of dismissal based on alleged fraud upon the court. The court held that whi
• Bright v. State
  90 So. 3d 249· Fla.· 2012-01-26 ·cited 29×
  Raymond Bright was convicted of two counts of first-degree murder for beating two young men, Derrick King and Randall Brown, to death with a hammer in his home. The Florida Supreme Court affirmed Bright's convictions and death sentences, rejecting challenges to the sufficiency of
• Galligar v. Terrie Galligar
  77 So. 3d 808· Fla. 1st DCA· 2011-12-30 ·cited 29×
  The former husband appeals a trial court's order reducing his permanent periodic alimony obligation from $5,000 to $3,500 per month and requiring him to pay $3,500 of the former wife's attorney's fees. The appellate court reversed both determinations, holding that the modified al