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

• Hepperle v. Johnston
  590 F.2d 609· 5th Cir.· 1979-03-02 ·cited 29×
  The court held that the district court's dismissal for want of prosecution was not an abuse of discretion, and the failure to rule on the recusal motion was not reversible error. The motion to disqualify appellate judges was denied.
• Woods Exploration & Producing Co., Inc. v. Aluminum Co. OF Am.
  509 F.2d 784· 5th Cir.· 1975-03-13 ·cited 29×
  The court affirmed the district court's judgments, finding that prior rulings established the law of the case, evidence was sufficient, and damage calculations were not impermissibly speculative.
• United States v. 110 Bars OF Silver
  508 F.2d 799· 5th Cir.· 1975-02-24 ·cited 29×
  The court held that the trial court did not abuse its discretion in denying a jury trial, a continuance, or in its evidentiary rulings, and that the Jencks Act does not apply to civil forfeiture proceedings.
• United States v. Jackson
  425 F.2d 574· D.C. Cir.· 1970-03-09 ·cited 29×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in admitting expert testimony on the modus operandi of pickpockets and in accepting the witness as a qualified expert.
• Blue Infiniti, LLC v. Wilson
  170 So. 3d 136· Fla. 4th DCA· 2015-07-08 ·cited 28×
  Blue Infiniti filed a three-count complaint against the Wilsons for foreclosure, amount due, and civil RICO. After the Wilsons substantially paid the debt, Blue Infiniti voluntarily dismissed all counts. The trial court awarded the Wilsons prevailing party attorney's fees and sec
• Chavez v. State
  132 So. 3d 826· Fla.· 2014-01-31 ·cited 28×
  Juan Carlos Chavez, a death row inmate, appealed the denial of his second successive motion for post-conviction relief filed shortly before his scheduled execution. The Florida Supreme Court affirmed the denial of all claims, including challenges to lethal injection procedures, c
• Toll v. Korge
  127 So. 3d 883· Fla. 3d DCA· 2013-12-04 ·cited 28×
  Craig Toll appeals a final default judgment entered against him for discovery violations in a shareholder fraud case. The trial court imposed the extreme sanction of default judgment without holding an evidentiary hearing or making individualized findings regarding Toll's persona
• The Waverly AT LAS Olas Condo. Ass'n, Inc. v. Waverly LAS Olas, LLC
  88 So. 3d 386· Fla. 4th DCA· 2012-05-16 ·cited 28×
  The court held that the condominium association's claims were inextricably intertwined and arose from a common core of facts, justifying an award of attorney's fees for the entire litigation, including the determination of the fee amount, based on the broad language of the contra
• City OF Orlando v. Pineiro
  66 So. 3d 1064· Fla. 5th DCA· 2011-08-05 ·cited 28×
  The City of Orlando appeals a wrongful death verdict finding it 55% responsible for a young man's death caused by a police pursuit. The appellate court reversed and remanded for a new trial based primarily on improper closing arguments by plaintiff's counsel, including inflammato
• Orme v. State
  25 So. 3d 536· Fla.· 2009-11-19 ·cited 28×
  Roderick Michael Orme was convicted of murder, sexual battery, and robbery in 1992 for the brutal murder of nurse Lisa Redd. After a successful ineffective assistance of counsel claim on direct appeal regarding failure to investigate bipolar disorder, Orme was resentenced to deat
• Smith v. Smith
  971 So. 2d 191· Fla. 1st DCA· 2007-12-31 ·cited 28×
  In this divorce appeal, the First District Court of Appeal reversed the trial court's classification of the marital home as a nonmarital asset and its award of shared parental responsibility to an incarcerated father with a history of criminal conduct and substance abuse. The cou
• Zeballos v. Alba P. Zeballos
  951 So. 2d 972· Fla. 4th DCA· 2007-03-14 ·cited 28×
  Raul Zeballos appeals a trial court order that reduced but did not terminate his alimony obligation to his former wife. The appellate court agreed that given his impending retirement at age 65 and his former wife's financial support by a long-term live-in fiancé, the trial court
• Granoff v. Seidle
  915 So. 2d 674· Fla. 5th DCA· 2005-10-21 ·cited 28×
  In this property dispute between neighboring landowners, the court determined that the Granoffs, not the Seidles, were the prevailing party entitled to recover costs under Florida Statute section 57.041. The Granoffs successfully protected their property rights by obtaining judic
• Basik Exports & Imports, Inc. v. Preferred Nat'l Ins. Co.
  911 So. 2d 291· Fla. 4th DCA· 2005-10-05 ·cited 28×
  An insured appeals the dismissal of its declaratory judgment action against its insurer, arguing that the insurer's settlement of a third-party claim constituted a confession of judgment entitling it to attorney's fees. The court affirmed dismissal, holding that the confession of
• Allstate Floridian Ins. Co. v. Ronco Inventions, LLC
  890 So. 2d 300· Fla. 2d DCA· 2004-12-03 ·cited 28×
  Allstate appealed a trial court order setting aside a default judgment against Ronco Inventions and Popeil Inventions, manufacturers of a defective Showtime Rotisserie allegedly causing a fire loss. The appellate court reversed, finding that while the defendants demonstrated excu
• Little Tommy Tucker v. State
  884 So. 2d 168· Fla. 2d DCA· 2004-07-23 ·cited 28×
  Tommy Tucker appealed his convictions for carrying a concealed firearm, aggravated assault with a firearm, and felon in possession of a firearm. The Florida Second District Court of Appeal reversed and remanded, finding the trial court abused its discretion by refusing to sever t
• Botterbusch v. Botterbusch
  851 So. 2d 903· Fla. 4th DCA· 2003-08-13 ·cited 28×
  A Florida appellate court affirmed a trial court's approval of a mother's relocation from St. Lucie County to the Tampa area for a new job with the U.S. Customs Department. The father appealed, arguing for modification of custody, but the court found substantial competent evidenc
• Grace v. State
  832 So. 2d 224· Fla. 2d DCA· 2002-12-04 ·cited 28×
  Walter Grace was convicted of felony battery in a self-defense case. The Florida appellate court reversed his conviction because the trial court abused its discretion by excluding defense testimony about the victim's prior violent acts, which was admissible character evidence rel
• Diaz v. State
  747 So. 2d 1021· Fla. 3d DCA· 1999-12-15 ·cited 28×
  Ernesto Diaz was convicted of second-degree murder for stabbing Julio Rojas. On appeal, Diaz argued that the trial court reversibly erred by limiting his cross-examination of the medical examiner regarding the victim's blood alcohol level, which forced him to call the examiner as
• Hoskins v. State
  702 So. 2d 202· Fla.· 1997-10-16 ·cited 28×
  Johnny Hoskins was convicted of first-degree murder and other serious felonies and sentenced to death. The Florida Supreme Court affirmed his convictions and non-capital sentences but remanded for a neurological PET-scan test recommended by his court-appointed mental health exper
• Purcell v. Bankatlantic Fin. Corp.
  85 F.3d 1508· 11th Cir.· 1996-06-25 ·cited 28×
  ABC sought to intervene in a securities class action to prevent vacatur of a jury verdict that had found the defendants' exchange transactions unfair, because ABC relied on the verdict's collateral estoppel effect in defending a separate libel action brought by those same defenda
• Crowley v. Crowley
  672 So. 2d 597· Fla. 1st DCA· 1996-04-24 ·cited 28×
  The court held that the trial court abused its discretion in calculating alimony and child support by not considering the husband's bonus income and by awarding insufficient amounts to maintain the marital standard of living.
• Green v. Green
  672 So. 2d 49· Fla. 4th DCA· 1996-03-13 ·cited 28×
  In this dissolution of marriage case, the Fourth District Court of Appeal reversed the trial court's awards of permanent and rehabilitative alimony and child support in a short-term six-year marriage, but affirmed the equitable distribution of assets and attorney's fees award. Th
• Wal-Mart Stores, Inc. v. Liggon
  668 So. 2d 259· Fla. 1st DCA· 1996-02-15 ·cited 28×·via Abuse Of Discretion Standard On Appeal
  In this workers' compensation appeal, Wal-Mart and its carrier challenged a permanent total disability (PTD) award to Linda Liggon, an injured employee restricted to part-time sedentary work. The court reversed the PTD award, holding that the claimant's ability to perform part-ti
• United States v. Garcia
  954 F.2d 12· 1st Cir.· 1992-01-16 ·cited 28×
  The court held that the district court did not err in including quantities of cocaine distributed by a coconspirator as relevant conduct for sentencing purposes, nor in refusing to characterize the defendant's role as minimal or minor.
• United States v. Anderson
  933 F.2d 1261· 5th Cir.· 1991-06-07 ·cited 28×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admissibility of evidence of prior fires at the defendant's factory could not be determined on the record due to the trial court's failure to properly apply the Beechum test and Rule 104(b) regarding conditional relevancy.
• United States v. Wright
  932 F.2d 868· 10th Cir.· 1991-05-03 ·cited 28×
  The court affirmed the convictions and sentences, holding that the jury instructions adequately addressed the variance between the indictment and the evidence of multiple conspiracies, and that the joinder of defendants and offenses, as well as the denial of suppression motions,
• Jensen v. Frank
  912 F.2d 517· 1st Cir.· 1990-08-27 ·cited 28×
  The court held that the plaintiff failed to timely contact an Equal Employment Opportunity counselor within the required 30-day period after his termination, and his arguments for equitable tolling or a continuing violation were unavailing.
• United States v. Hays
  899 F.2d 515· 6th Cir.· 1990-03-29 ·cited 28×
  The court should reverse the district court's sentence because it was not at or near the maximum term authorized by statute for a career offender.
• Craighead v. E.F. Hutton & Co., Inc.
  899 F.2d 485· 6th Cir.· 1990-03-28 ·cited 28×·via Abuse Of Discretion (Appellate Review)
  The court affirmed the dismissal of the plaintiffs' federal securities and RICO claims, finding that the allegations lacked the requisite particularity under Federal Rule of Civil Procedure 9(b) and that certain statutes and rules did not provide for private causes of action.
• United States v. Kuzniar
  881 F.2d 466· 7th Cir.· 1989-08-07 ·cited 28×
  The majority held the district court abused its discretion in granting a new trial for counts 1-7 and erred in granting acquittal for counts 8-12, reinstating the jury verdict on all counts. The concurring judge dissents regarding counts 1-7 and argues for a new trial on counts 8
• Ogden King, Jr. v. State
  545 So. 2d 375· Fla. 4th DCA· 1989-05-31 ·cited 28×
  Ogden King was convicted of second-degree murder in the death of his girlfriend during a drug-related incident. While the appellate court affirmed that the indictment's dual theories of death (cocaine and strangulation) were valid and that the evidence was legally sufficient, it
• Herron v. Jupiter Transp. Co.
  858 F.2d 332· 6th Cir.· 1988-10-03 ·cited 28×
  The court held that Federal Rule of Civil Procedure 11 applies to actions removed from state court, and an attorney has a continuing duty to ensure pleadings are well-grounded in fact and law, even after removal.
• Kali v. Bowen
  854 F.2d 329· 9th Cir.· 1988-08-10 ·cited 28×
  The court held that the government's interpretation of 42 U.S.C. § 602(a)(39) was substantially justified, even though it ultimately lost the case, and therefore denied attorneys' fees under the EAJA. The court affirmed the district court's decision.
• Patterson v. Coca-Cola Bottling Co. Cairo-Sikeston, Inc.
  852 F.2d 280· 7th Cir.· 1988-07-15 ·cited 28×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' action with prejudice due to their persistent failure to comply with discovery orders and court deadlines.
• United States v. Rios
  842 F.2d 868· 6th Cir.· 1988-03-18 ·cited 28×
  The court held that the evidence supported a single conspiracy to import cocaine and that the admitted co-conspirator statements were made in furtherance of that conspiracy.
• United States v. D.K.G. Appaloosas, Inc.
  829 F.2d 532· 5th Cir.· 1987-09-29 ·cited 28×·via Abuse Of Discretion Standard For Costs
  The court affirmed the district court's judgments, holding that the government waived its right to challenge the interpretation of the pre-plea agreement by not raising it below, and that the ex post facto clause does not apply to civil forfeiture proceedings.
• United States v. Daniels
  821 F.2d 76· 1st Cir.· 1987-06-23 ·cited 28×
  The court held that the government's failure to disclose a material term of the plea agreement, specifically that all codefendants had to plead guilty, constituted a violation of Rule 11(e)(2) that was not harmless error, providing a fair and just reason for the defendant to with
• In re Standard Metals Corp. v. Standard Metals Corp.
  817 F.2d 625· 10th Cir.· 1987-04-20 ·cited 28×
  The dissenting judge argues that the majority erred by focusing on procedural matters rather than fundamental due process and statutory notice requirements concerning creditors.
• United States v. Sato
  814 F.2d 449· 7th Cir.· 1987-03-16 ·cited 28×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in refusing to admit an unpublished order as evidence and in imposing a $20,000 fine, as the order was not relevant to the defense and the fine was within statutory limits and not excessive.
• United States v. Meyer
  810 F.2d 1242· D.C. Cir.· 1987-02-13 ·cited 28×
  The court held that a presumption of prosecutorial vindictiveness can arise in a pretrial setting when additional facts create a realistic likelihood of vindictiveness, and that dismissing the entire information is a permissible remedy for such misconduct.
• Lynn v. Sheet Metal Workers' Int'l Ass'n & Local No. 75 of the Sheet Metal Workers' Int'l Ass'n
  804 F.2d 1472· 9th Cir.· 1986-11-26 ·cited 28×
  Union leadership can discharge a business manager who actively opposes them on fundamental union policy, as this does not violate the member's rights under the LMRDA.
• Founding Church OF Scientology OF Wash. v. Webster
  802 F.2d 1448· D.C. Cir.· 1986-09-26 ·cited 28×
  The court held that the district court did not abuse its discretion in dismissing the case as a sanction under Fed.R.Civ.P. 37 for the founder's failure to appear for a court-ordered deposition, as he was deemed a managing agent of the organization.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• United States v. Estridge
  797 F.2d 1454· 8th Cir.· 1986-03-13 ·cited 28×
  The court affirmed the district court's award of costs and attorneys' fees under the Equal Access to Justice Act, finding the government's position was not substantially justified.
• Augustine Andrews, Sr. v. Bechtel Power Corp. & Local 276
  780 F.2d 124· 1st Cir.· 1985-12-19 ·cited 28×
  The court held that the district court did not abuse its discretion in denying class certification due to failure to meet the numerosity requirement and in allowing the plaintiff to proceed pro se.
• United States v. Palow
  777 F.2d 52· 1st Cir.· 1985-11-14 ·cited 28×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on severance, informant testimony, jury instructions, admission of statements, or ineffective assistance of counsel.
• Islamic Republic OF Iran v. The Boeing Co. & Logistics Support Corp.
  771 F.2d 1279· 9th Cir.· 1985-09-17 ·cited 28×
  The court held that the Accords and Executive Order permit permissive counterclaims and that the district court did not abuse its discretion in allowing them. It also held that excess relocation costs were recoverable under a force majeure provision, but lost relocation profits w
• Fink v. Nat'l Sav. & Tr. Co.
  772 F.2d 951· D.C. Cir.· 1985-09-03 ·cited 28×
  The court held that the three-year statute of limitations under ERISA bars claims for imprudent investment prior to April 6, 1980, as the breach was apparent from filed reports. It also held that the district court correctly dismissed the fraud claim for failure to raise a materi
• Hamner v. Rios
  769 F.2d 1404· 9th Cir.· 1985-08-28 ·cited 28×
  The existence of a contingent fee agreement does not, by itself, justify denying attorney's fees under 42 U.S.C. § 1988; the district court abused its discretion by doing so.