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

• Nixon Ward v. State
  59 So. 3d 1220· Fla. 4th DCA· 2011-05-04 ·cited 29×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Nixon Ward was convicted of fleeing and eluding law enforcement and driving without a valid license following a vehicle pursuit. The trial court improperly admitted extensive and detailed evidence of an uncharged shooting incident as context for the charged crimes, which the appe
• Verneret v. Foreclosure Advisors, LLC
  45 So. 3d 889· Fla. 3d DCA· 2010-09-15 ·cited 29×
  Carole Verneret appeals a foreclosure judgment entered against her by Foreclosure Advisors, LLC. The court affirmed the foreclosure judgment and denial of the motion to dismiss, but reversed the denial of the motion for satisfaction of judgment, finding that Verneret properly exe
• THE Florida BAR v. Head
  27 So. 3d 1· Fla.· 2010-01-07 ·cited 29×
  The Florida Supreme Court reviewed a disciplinary case against attorney John Vernon Head for ethical violations arising from his representation of bankruptcy clients. The Court disapproved the referee's recommended 60-day suspension and imposed a one-year suspension, finding Head
• Gerhard Hojan v. State
  3 So. 3d 1204· Fla.· 2009-02-27 ·cited 29×
  Gerhard Hojan was convicted of two counts of first-degree murder, attempted murder, armed robbery, and armed kidnapping for his role in a Waffle House shooting in 2002 that left two victims dead and one injured. The Florida Supreme Court affirmed his two death sentences after rev
• Theron D. Howard, Jr. v. Risch
  959 So. 2d 308· Fla. 2d DCA· 2007-05-11 ·cited 29×
  Howard appealed the trial court's dismissal of his automobile negligence action as a sanction for alleged fraud in discovery responses. The appellate court reversed, finding that the minimal evidence presented—primarily documents without live testimony—did not support the trial c
• Applied Digit. Solutions, Inc. v. Hark Vasa
  941 So. 2d 404· Fla. 4th DCA· 2006-09-20 ·cited 29×
  Applied Digital Solutions sought to disqualify plaintiffs' counsel after he obtained the law firm file of counsel representing the acquired company in a merger. The court denied disqualification because the disclosure was inadvertent, Vasa was the individual with whom the attorne
• Grace "Olivia" Martin v. Martin
  923 So. 2d 1236· Fla. 1st DCA· 2006-03-23 ·cited 29×
  The court held that inherited property is a nonmarital asset unless specific exceptions apply, and that the trial court erred in classifying it as marital without sufficient factual findings. It also found scrivener's errors and miscalculations in asset distribution.
• United States v. Matthews
  431 F.3d 1296· 11th Cir.· 2005-12-06 ·cited 29×
  Terrance Matthews was convicted of conspiracy to distribute five or more kilograms of cocaine and two counts of obstruction of justice by intimidation of a witness. The Eleventh Circuit affirmed, holding that wiretap recordings were properly sealed within one to two days of the o
• Farley v. Farley
  858 So. 2d 1170· Fla. 2d DCA· 2003-11-07 ·cited 29×
  The court held that the trial court's alimony award was not supported by competent, substantial evidence and directed an increase in the award.
• Ferguson v. State
  789 So. 2d 306· Fla.· 2001-05-10 ·cited 29×
  John Errol Ferguson, a death-row inmate, appealed the trial court's summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Ferguson sought a new competency hearing based on Carter v. State, which established that capital defendants
• Toledo v. Hillsborough Cnty. Hosp. Auth.
  747 So. 2d 958· Fla. 2d DCA· 1999-08-18 ·cited 29×
  The court affirmed the trial court's denial of class certification in a case involving alleged tortious billing practices by Tampa General Hospital. The plaintiffs failed to establish numerosity through expert survey evidence that was methodologically flawed and based on inaccura
• Anderson v. Anderson
  736 So. 2d 49· Fla. 5th DCA· 1999-05-28 ·cited 29×
  In a child custody modification case, the Florida appellate court reversed the trial judge's rejection of a family law master's recommendation to change custody from mother to father, holding that trial courts reviewing masters' reports must apply a limited 'clearly erroneous' st
• Orbe v. Orbe
  651 So. 2d 1295· Fla. 5th DCA· 1995-03-17 ·cited 29×·via Abuse Of Discretion In Dismissal
  Lawrence Orbe appeals the dismissal with prejudice of his petition for dissolution of marriage after the trial court quashed service on his wife Lee and found lack of subject matter jurisdiction. The Fifth District Court of Appeal affirmed the quashing of service but reversed the
• United States v. Miles Davis Saunders
  973 F.2d 1354· 7th Cir.· 1992-09-03 ·cited 29×
  The court held that the district court did not abuse its discretion in limiting cross-examination, that the evidence was sufficient to support the conviction, that the jury instructions were adequate, and that the Sentencing Guidelines were applied constitutionally.
• Turtle v. State
  600 So. 2d 1214· Fla. 1st DCA· 1992-06-09 ·cited 29×
  James Turtle was convicted of two counts of sexual battery and one count of lewd and lascivious assault on a child under 12. The appellate court reversed and remanded for a new trial, finding reversible error in three evidentiary rulings: admission of extensive similar-act eviden
• United States v. Smith
  944 F.2d 618· 9th Cir.· 1991-09-17 ·cited 29×
  The court held that a district court's restitution order may be reversed if it lacks adequate factual support in the record, even if the court stated it considered the statutory factors. The court also held that the proper valuation of collateral for restitution purposes is the v
• Matthews v. Gaither
  902 F.2d 877· 11th Cir.· 1990-06-04 ·cited 29×
  The district court abused its discretion by dismissing the inmate's complaint with prejudice after the inmate moved to dismiss without prejudice, as the misstatement in the affidavit was minimal and not made in bad faith.
• Fontaine Davis v. City & Cnty. OF SAN Francisco
  890 F.2d 1438· 9th Cir.· 1989-12-04 ·cited 29×
  The court affirmed the district court's approval of a consent decree settling Title VII class action litigation alleging discrimination in hiring and promotion, and also affirmed the denial of the Union's motion to enjoin the City from using a new seniority assignment method for
• United States v. Concepcion Carrasco and Francisco Diaz
  887 F.2d 794· 7th Cir.· 1989-10-19 ·cited 29×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the tape recordings and transcripts were admissible because the government established their authenticity, accuracy, and truthfulness through eyewitness testimony and circumstantial evidence, and that the defendants' voices were properly identified.
• Dempsey v. MAC Towing, Inc.
  876 F.2d 1538· 11th Cir.· 1989-07-12 ·cited 29×·via Abuse Of Discretion Standard For Continuance
  The court held that the jury's verdict finding the employer negligent under the Jones Act was supported by substantial evidence, and that the trial court did not abuse its discretion in its rulings on continuances, mistrials, or jury instructions.
• Jones v. Counselor Hamelman
  869 F.2d 1023· 7th Cir.· 1989-02-22 ·cited 29×
  The magistrate did not abuse his discretion in denying the motion to amend the complaint, excluding certain testimony, or denying the inmate's presence at trial, and the factual findings were not clearly erroneous.
• Cleo D. Mathis & Vico Prods. Mfg. Co., Inc. v. Spears
  857 F.2d 749· Fed. Cir.· 1988-09-06 ·cited 29×
  The court held that the imposition of sanctions on appeal was unwarranted, despite affirming the award of expert witness fees.
• H. Harlan Stone, M.D. v. Univ. OF Md. Med. Sys. Corp.
  855 F.2d 167· 4th Cir.· 1988-08-19 ·cited 29×
  The court held that a public employee's resignation is voluntary, and thus not a deprivation of property triggering due process protections, if it is not induced by employer misrepresentation or coercion, and the employee's reliance on any alleged misrepresentation is not reasona
• United States v. Cuevas
  847 F.2d 1417· 9th Cir.· 1988-06-02 ·cited 29×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The exclusion of expert testimony regarding legitimate currency exchange practices, which was material to the defendant's defense, violated the defendant's constitutional right to present a defense and necessitates a new trial.
• Silber v. Cn'R Indus. OF Jacksonville, Inc.
  526 So. 2d 974· Fla. 1st DCA· 1988-05-27 ·cited 29×
  Cooper Mechanical Contractors sued the Silbers, Feaster, and their affiliated entities to enforce a promissory note arising from a settlement of construction payment disputes. The trial court allowed Cooper to reopen its case mid-trial to purchase and affix required documentary t
• Harris v. Menendez
  817 F.2d 737· 11th Cir.· 1987-05-27 ·cited 29×
  The court holds that the plaintiff's claims are barred by absolute judicial and prosecutorial immunity and that the remaining allegations are conclusory, failing to state a claim upon which relief can be granted.
• Williamson v. United States Dep't OF Agric.
  815 F.2d 368· 5th Cir.· 1987-04-29 ·cited 29×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that claims against the government and its officials under the Federal Tort Claims Act were barred by sovereign immunity due to discretionary function exceptions, misrepresentation exceptions, and failure to exhaust administrative remedies. Individual officials wer
• United States v. Gonzalez-Mercado
  808 F.2d 796· 11th Cir.· 1987-01-26 ·cited 29×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, as the plea was knowing and voluntary.
• Romandette v. Weetabix Co., Inc.
  807 F.2d 309· 2d Cir.· 1986-12-15 ·cited 29×
  The court held that the district court erred in dismissing the action for failure to effect service and abused its discretion in dismissing for neglect to prosecute, given the plaintiff's special circumstances as an incarcerated pro se litigant.
• Tri-State Generation & Transmission Ass'n, Inc. v. Shoshone River Power, Inc.
  805 F.2d 351· 10th Cir.· 1986-11-13 ·cited 29×
  The court held that the trial court abused its discretion in dissolving the preliminary injunction because Tri-State demonstrated a likelihood of irreparable harm, a favorable balance of hardships, a public interest favoring the injunction, and raised serious questions going to t
• Tomazzoli v. Sheedy
  804 F.2d 93· 7th Cir.· 1986-10-24 ·cited 29×
  The court held that the district court did not abuse its discretion in awarding attorney's fees, finding the hourly rate and reduced hours to be reasonable given the evidence presented.
• In re Rubin v. Belo Broad. Corp.
  769 F.2d 611· 9th Cir.· 1985-08-22 ·cited 29×
  The court held that striking a party's answer as a discovery sanction was an abuse of discretion when lesser sanctions were available, the party was not adequately warned of deficiencies, and the conduct did not threaten the rightful decision of the case.
• United States v. Rigoberto Euceda-Hernandez
  768 F.2d 1307· 11th Cir.· 1985-08-19 ·cited 29×
  The court held that the district court abused its discretion by suppressing the defendants' post-arrest statements as a sanction for delayed discovery under Rule 16, as a continuance would have been a less severe and sufficient remedy.
• In re AIR Crash Disaster Near NEW Orleans v. PAN Am. World Airways, Inc.
  767 F.2d 1151· 5th Cir.· 1985-08-12 ·cited 29×
  The court held that while some damage awards were excessive and reversed them, others were affirmed, and a new trial was granted on specific claims unless a remittitur was accepted.
• Richard v. Jones
  741 F.2d 245· 9th Cir.· 1984-08-21 ·cited 29×
  The court held that the district court had subject matter jurisdiction and that ambulance services are not exempt from the Fair Labor Standards Act (FLSA) overtime provisions under the Motor Carriers Act exemption.
• United States v. Little AL
  712 F.2d 133· 5th Cir.· 1983-08-15 ·cited 29×
  The court held that the district court did not abuse its discretion in denying a continuance under Rule 56(f) based on a blanket assertion of the privilege against self-incrimination, and that summary judgment for forfeiture was proper.
• Silberkleit v. Kantrowitz
  713 F.2d 433· 9th Cir.· 1983-05-27 ·cited 29×
  A district court has no discretion to stay proceedings on claims within exclusive federal jurisdiction, even under the 'wise judicial administration' exception.
• Binks Mfg. Co. v. Nat'l Presto Indus., Inc.
  709 F.2d 1109· 7th Cir.· 1983-05-20 ·cited 29×
  The court held that the district court did not err in excluding extrinsic evidence regarding contract capacity, in its jury instructions on excuse and waiver, or in admitting certain attorney memoranda, affirming the jury's verdict.
• Nat'l Insulation Transp. Comm. v. Interstate Commerce Comm'n & United States
  683 F.2d 533· D.C. Cir.· 1982-07-20 ·cited 29×
  The court held that 49 U.S.C. Sec. 10707(d) does not compel the Interstate Commerce Commission to award refunds when it finds a practice to be unreasonable, and that the Commission did not abuse its discretion in declining to award refunds in this case.
• Powe v. State
  413 So. 2d 1272· Fla. 1st DCA· 1982-05-14 ·cited 29×·via Abuse Of Discretion In Limiting Cross-Examination
  Leon Elmore Powe was convicted of trafficking in methaqualone, but the Florida District Court of Appeal reversed because the trial court improperly restricted his cross-examination of a prosecution witness regarding potential bias and motivation for testifying, particularly regar
• Huff v. Metro. Life Ins. Co. & Elizabeth Huff
  675 F.2d 119· 6th Cir.· 1982-04-13 ·cited 29×
  The court held that the 1966 amendments to the Federal Employees Group Life Insurance Act (FEGLI) abolished the 'manifest intent' test for determining beneficiaries, and that a motion for reconsideration based on inconsistent or non-newly discovered evidence was properly denied.
• In re Walsh Constr., Inc. v. Alaska Nat'l Bank OF the N. & Paul Burlingame
  669 F.2d 1325· 9th Cir.· 1982-02-25 ·cited 29×
  The dissenting judge believes the IRS waived its right to raise the mixed assets argument by failing to do so in the bankruptcy court.
• Philadelphia Citizens IN Action by Roxanne Jones v. Schweiker
  669 F.2d 877· 3d Cir.· 1982-01-15 ·cited 29×
  The court held that the federal defendant had good cause under the APA to dispense with notice and comment procedures when promulgating regulations for the AFDC program.
• Sec. & Exch. Comm'n v. First Fin. Grp. OF Tex., Inc.
  659 F.2d 660· 5th Cir.· 1981-10-21 ·cited 29×
  The court held that the district court did not abuse its discretion in entering a default judgment and a contempt order against the appellants due to their persistent refusal to comply with discovery orders and court mandates.
• McCOY v. Goldston
  652 F.2d 654· 6th Cir.· 1981-06-26 ·cited 29×
  The dissenting judge would affirm the trial court's judgment, finding no abuse of discretion in its handling of a juror's potentially incomplete voir dire disclosure.
• Carter v. DeCARION
  400 So. 2d 521· Fla. 3d DCA· 1981-06-16 ·cited 29×
  J. R. Carter appeals the dismissal of his civil action for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). The court affirmed the dismissal, holding that Carter's notice of deposition filed on the same day as the motion to dismiss did not constitute prior rec
• Gaynell Reyno v. Piper Aircraft Co.
  630 F.2d 149· 3d Cir.· 1980-07-24 ·cited 29×
  A party moving for transfer under § 1404(a) is not automatically estopped from later asserting forum non conveniens, but the prior transfer motion must be weighed against dismissal. The district court erred in dismissing the action based on insufficient showing of witness inconve
• United States v. Salinas
  618 F.2d 1092· 5th Cir.· 1980-04-29 ·cited 29×
  A trial judge may disqualify a retained attorney in a criminal case if the judge believes the attorney is the target of an investigation concerning the clients' indicted events.
• AL Barnett & SON, Inc. v. Outboard Marine Corp.
  611 F.2d 32· 3d Cir.· 1979-12-14 ·cited 29×
  The court held that the district court did not abuse its discretion in dismissing the appellants' claims with prejudice for their willful failure to comply with discovery rules, and that the appellants lacked standing to appeal the denial of class certification.
• United States v. Albert
  595 F.2d 283· 5th Cir.· 1979-05-21 ·cited 29×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying a continuance, dismissing the indictment for speedy trial violations, admitting evidence of prior criminal activity, admitting a tape recording as a prior consistent statement, or denying a new trial base