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

• Samala v. Immigr. & Naturalization Serv.
  336 F.2d 7· 5th Cir.· 1964-08-26 ·cited 28×·via Abuse Of Administrative Discretion
  The court held that it lacked jurisdiction to review the deportation order or the denial of the waiver application because the petitioner failed to exhaust administrative remedies and the waiver denial occurred prior to deportation proceedings.
• Rhynarb v. Filori
  315 F.2d 176· 8th Cir.· 1963-04-04 ·cited 28×
  The court held that the trial court did not commit prejudicial error in admitting expert testimony and in its jury instructions, and that the evidence supported the verdict.
• Jakov Blagaic v. Flagg
  304 F.2d 623· 7th Cir.· 1962-06-15 ·cited 28×
  The Court of Appeals has jurisdiction to review the denial of a stay of deportation, and the Regional Commissioner did not abuse his discretion in denying the stay.
• Powers v. Cont'l Cas. Co. & St. Paul Fire & Marine Ins. Co.
  301 F.2d 386· 8th Cir.· 1962-04-17 ·cited 28×
  The court held that the trial court did not err in denying the plaintiff's motions for a directed verdict or a new trial, as reasonable minds could differ on the accidental nature of the injury.
• Bardin v. Mondon
  298 F.2d 235· 2d Cir.· 1961-12-26 ·cited 28×
  The court held that while the trial judge did not abuse his discretion in dismissing the case with prejudice due to counsel's unreadiness, the appellate court would remand for dismissal without prejudice conditioned on counsel paying costs.
• Gurvan B. Brown v. Pa. R.R. Co.
  282 F.2d 522· 3d Cir.· 1960-09-13 ·cited 28×
  The court held that the denial of the motion for a new trial was not an abuse of discretion, as the post-trial disqualification did not constitute newly discovered evidence or fraud under Rule 60(b).
• Taylor v. United States
  279 F.2d 10· 5th Cir.· 1960-05-13 ·cited 28×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying the motion for continuance, nor did it err in permitting questioning about a prior conviction or in allowing the prosecutor's argument.
• Georges v. United States
  262 F.2d 426· 5th Cir.· 1959-01-05 ·cited 28×
  The court held that a district court does not abuse its discretion in refusing to permit a defendant to withdraw a guilty plea after sentencing, even if based on erroneous advice from counsel, if the record supports the court's findings and the defendant's involvement.
• Scott v. United States
  255 F.2d 18· 4th Cir.· 1958-04-25 ·cited 28×
  A defendant can be convicted of two separate offenses for transporting two stolen vehicles in interstate commerce, even if he personally drove only one, if he was instrumental in the transportation of both.
• Powell v. United States
  208 F.2d 618· 6th Cir.· 1953-12-31 ·cited 28×
  The court held that the trial court did not err in allowing a government witness to testify after separation was requested, nor in overruling the motion to suppress evidence or the motion for acquittal based on insufficient conspiracy evidence.
• Christoffel v. United States
  200 F.2d 734· D.C. Cir.· 1952-09-18 ·cited 28×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not commit reversible error in its rulings on evidence, cross-examination, or the admission of prior testimony, and therefore affirmed the conviction.
• In re Cal. Associated Prods. Co. Wil-Rud Corp. v. Lynch
  183 F.2d 946· 9th Cir.· 1950-08-12 ·cited 28×
  The court held that the District Court erred in reversing the referee's order approving a compromise, as the referee's findings were supported by substantial evidence and there was no abuse of discretion.
• Carter v. United States
  168 F.2d 310· 10th Cir.· 1948-07-14 ·cited 28×
  The court held that the appeal is from the order denying the motion to vacate the prior order, and the trial court must determine if the clerk failed to provide notice of the prior order, which would toll the appeal period.
• State of Ga. v. President of the United States
  46 F.4th 1283· 11th Cir.· 2022-08-26 ·cited 27×
  Georgia and several other states challenged the federal contractor vaccine mandate issued through Executive Order 14042, arguing the President lacked authority under the Procurement Act to require COVID-19 vaccination for employees of federal contractors. The Eleventh Circuit agr
• Gulisano v. Burlington, Inc.
  34 F.4th 935· 11th Cir.· 2022-05-12 ·cited 27×
  The Eleventh Circuit affirmed the district court's imposition of sanctions under Rule 11 against an attorney for pursuing a default judgment against a non-existent entity and attempting to collect from unrelated corporations, finding the attorney's actions frivolous and in bad fa
• Johnson v. 27th Ave. Caraf, Inc.
  9 F.4th 1300· 11th Cir.· 2021-08-17 ·cited 27×
  The Eleventh Circuit affirmed sanctions against the plaintiff, finding he received proper notice and opportunity to be heard, and dismissed the attorney's appeal for lack of standing. The court found no plain error in the admission of evidence or the scope of the investigation.
• Dontae Morris v. State
  219 So. 3d 33· Fla.· 2017-04-27 ·cited 27×
  Dontae Morris appeals his convictions and death sentences for the first-degree premeditated murders of two law enforcement officers shot during a traffic stop. The Florida Supreme Court affirmed the convictions and sentences, rejecting multiple trial errors and finding the eviden
• Vera de Sousa for Vag Land Tr. 1 v. JP Morgan Chase, N.A.
  170 So. 3d 928· Fla. 4th DCA· 2015-07-29 ·cited 27×
  Vera De Sousa, as trustee, sought to intervene in foreclosure proceedings after purchasing an inferior property interest at a foreclosure sale conducted by Los Mangos Property Owners' Association. The court affirmed the trial court's denial of her motion to intervene, holding tha
• Philip Morris USA, Inc. v. Lucinda Naugle
  103 So. 3d 944· Fla. 4th DCA· 2012-12-12 ·cited 27×·via Abuse Of Discretion (Appellate Review)
  Philip Morris USA appeals a judgment awarding Lucinda Naugle $36.7 million for injuries caused by cigarette addiction. The court affirmed the liability findings under Engle tobacco litigation principles but reversed and remanded for a new trial on damages, finding the jury's awar
• Hentze v. Cherolyn Janel Denys
  88 So. 3d 307· Fla. 1st DCA· 2012-05-01 ·cited 27×
  In this family law appeal, the former husband challenges a trial court's modification of a divorce decree to impose child support obligations and its handling of shared expense reimbursements. The appellate court affirmed the child support modification in principle but reversed a
• Paul v. Wells Fargo Bank, N.A.
  68 So. 3d 979· Fla. 2d DCA· 2011-09-02 ·cited 27×
  Joan Paul appeals the trial court's denial of her motion to set aside a default foreclosure judgment entered against her. The court reversed and remanded, holding that the trial court mistakenly believed it lacked discretion to grant relief after the foreclosure sale and that men
• Soriano v. State
  968 So. 2d 112· Fla. 4th DCA· 2007-11-21 ·cited 27×
  Luis Soriano appeals a $10,000 restitution order for grand retail theft. The Fourth District Court of Appeal reversed, holding that the state failed to present legally sufficient evidence to support the specific amount of restitution ordered.
• BAY N Gulf, Inc. v. Anchor Seafood, Inc.
  971 So. 2d 842· Fla. 3d DCA· 2007-10-24 ·cited 27×
  Bay N Gulf appealed the trial court's dissolution of a temporary injunction preventing Anchor Seafood from conveying frozen seafood. The court affirmed, holding that a trial court has continuing discretion to dissolve a temporary injunction and that the trial court did not abuse
• Peterson Paul v. State
  958 So. 2d 1135· Fla. 4th DCA· 2007-06-27 ·cited 27×
  Peterson Paul appealed his convictions for attempted first-degree murder and shooting a deadly missile, challenging the prosecutor's closing argument and his enhanced sentence under the Prison Releasee Reoffender (PRR) statute. The court affirmed the convictions but reversed the
• Triplett v. State
  947 So. 2d 702· Fla. 5th DCA· 2007-02-09 ·cited 27×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The trial court did not abuse its discretion in admitting similar fact evidence because it was relevant to prove intent, plan, and absence of mistake, and its probative value was not substantially outweighed by unfair prejudice.
• Antwuan Snell v. State
  939 So. 2d 1175· Fla. 4th DCA· 2006-10-25 ·cited 27×
  Antwuan Snell appeals his convictions for trafficking in cocaine, aggravated fleeing and eluding, and leaving the scene of accidents with injuries. The Fourth District affirmed, holding that the trial court properly admitted Snell's incriminating statement about the cocaine becau
• Citrus Cnty. v. McQUILLIN
  840 So. 2d 343· Fla. 5th DCA· 2003-02-21 ·cited 27×
  Citrus County appeals a jury verdict in a wrongful death case awarding $5.56 million (reduced by 80% for comparative negligence) to the estate of Deborah McQuillin, who died in a car accident. The court affirmed the liability and damages awards except for the $50,400 net accumula
• ST. John v. Coisman
  799 So. 2d 1110· Fla. 5th DCA· 2001-11-16 ·cited 27×
  A former police officer (St. John) challenged a punitive damages award of $333,000 following a jury verdict finding him liable for falsely arresting a father (Coisman) who was attempting to exercise visitation rights with his children. The appellate court affirmed the liability a
• Video Indep. Med. Examination, Inc. v. City OF Weston
  792 So. 2d 680· Fla. 4th DCA· 2001-08-29 ·cited 27×
  Video Independent Medical Examination sought declaratory judgment and building permits from the City of Weston. After the city issued the permits nearly two years later, the trial court found the case moot and refused to allow amendment to seek damages for the delay. The appellat
• Geldreich v. State
  763 So. 2d 1114· Fla. 4th DCA· 1999-12-22 ·cited 27×
  Frank Geldreich was convicted in two separate trials of sexual battery and kidnapping offenses against two women, with each crime admitted as collateral evidence in the other trial. The Fourth District Court of Appeal affirmed the convictions related to the first victim but rever
• Carnival Corp. v. Beverly
  744 So. 2d 489· Fla. 1st DCA· 1999-09-16 ·cited 27×
  Carnival Corporation and its attorney Curtis Mase appealed the trial court's order disqualifying Mase from further participation in a personal injury lawsuit as a sanction for trial misconduct. The appellate court held that while trial courts possess inherent contempt power to di
• Nationsbank, N.A. v. Ziner
  726 So. 2d 364· Fla. 4th DCA· 1999-02-03 ·cited 27×
  The court held that the trial court erred in dropping a defendant for improper service and dismissing the case for lack of prosecution, as the plaintiff had shown good cause and the defendant had received notice.
• Rivera v. State
  718 So. 2d 856· Fla. 4th DCA· 1998-08-26 ·cited 27×
  Rivera was convicted of battery, escape, and resisting arrest based partly on the victim's excited utterance statements to police that contradicted her trial testimony. The court affirmed the conviction, holding that the victim's statements to the officer shortly after the alterc
• Griefer v. DiPIETRO
  708 So. 2d 666· Fla. 4th DCA· 1998-04-08 ·cited 27×
  In a second trial of a personal injury case stemming from a pedestrian accident, the trial court excluded the plaintiff's human factors expert and denied rebuttal testimony, committing reversible error. The appellate court reversed, finding the exclusion of expert testimony to be
• Fitzhugh v. State
  698 So. 2d 571· Fla. 1st DCA· 1997-07-22 ·cited 27×
  A trial court does not abuse its discretion by allowing the state to reopen its case to present evidence of new substantive violations of probation when the record does not clearly demonstrate that the court compelled the state to reopen, and the probation revocation is affirmed
• Wise v. Schmidek
  649 So. 2d 336· Fla. 3d DCA· 1995-02-01 ·cited 27×
• Quick v. Peoples Bank OF Cullman Cnty.
  993 F.2d 793· 8th Cir.· 1993-06-21 ·cited 27×
  The court held that respondeat superior can apply to RICO actions if the enterprise benefits from the violation, and that the plaintiffs' petition for attorney fees was untimely under local rules.
• United States v. Johnson
  971 F.2d 562· 10th Cir.· 1992-07-28 ·cited 27×
  The court held that transfers of funds from investors to the defendant's account did not constitute transactions in 'criminally derived property' under 18 U.S.C. § 1957 because the defendant had not yet 'obtained' the proceeds. However, transfers from the defendant's account to i
• DeLUCA v. Merrell DOW Pharms., Inc.
  911 F.2d 941· 3d Cir.· 1990-08-17 ·cited 27×
  The court held that the district court misapplied Federal Rule of Evidence 703 by excluding expert testimony solely based on the lack of statistical significance in epidemiological studies, when the expert's methodology using confidence intervals was reasonably relied upon by exp
• United States v. Cannons Eng'g Corp.
  899 F.2d 79· 1st Cir.· 1990-03-20 ·cited 27×
  The court affirmed the district court's approval of CERCLA consent decrees, finding them procedurally and substantively fair, and reasonable, deferring to the EPA's expertise in structuring settlements.
• Cabrales v. Cnty. OF LOS Angeles
  864 F.2d 1454· 9th Cir.· 1988-12-28 ·cited 27×
  The court affirmed the denial of the JNOV motion, the denial of summary judgment, and the jury verdict, finding that the defendants waived sufficiency of evidence arguments by failing to move for a directed verdict. The court also affirmed the attorneys' fees award, finding no ab
• Harkins Amusement Enters., Inc. v. Gen. Cinema Corp.
  850 F.2d 477· 9th Cir.· 1988-04-06 ·cited 27×
  The court held that while summary judgment was appropriate for some antitrust claims due to lack of evidence, Harkins presented sufficient circumstantial evidence of a conspiracy between exhibitors and distributors regarding market splitting to warrant a trial. The court also aff
• Hudson v. Moore Bus. Forms, Inc.
  836 F.2d 1156· 9th Cir.· 1988-01-13 ·cited 27×
  The court held that while the law firm's claims regarding breach of implied covenant, duty of loyalty, and California Labor Code violations were not frivolous, the excessive and unsubstantiated damage claim was filed for an improper purpose, warranting Rule 11 sanctions.
• United States v. Lino Catabran
  836 F.2d 453· 9th Cir.· 1988-01-06 ·cited 27×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in admitting computer printouts as business records, allowing testimony about carpet removal, or denying motions for severance and mistrial, and that the defendant was not denied effective assistance of counsel.
• United States v. Christophe
  833 F.2d 1296· 9th Cir.· 1987-12-04 ·cited 27×
  The court held that the trial court did not err in excluding expert testimony on eyewitness identification, admitting FBI agent testimony on fingerprints, or denying a mistrial for alleged prosecutorial misconduct.
• Feazell v. Tropicana Prods., Inc.
  819 F.2d 1036· 11th Cir.· 1987-06-22 ·cited 27×
  The court held that the district court did not err in excluding testimony, that the pretrial stipulation regarding the burden of proof was binding, and that the findings of fact were sufficiently detailed for appellate review.
• Spanish Action Comm. OF Chicago v. City OF Chicago
  811 F.2d 1129· 7th Cir.· 1987-02-10 ·cited 27×
  The court affirmed the district court's substantial reduction in attorney's fees but remanded for an award of specific paralegal fees and witness costs, finding the district court's calculation method for attorney's fees, while potentially procedurally flawed, was not an abuse of
• Benny v. Pipes
  799 F.2d 489· 9th Cir.· 1986-09-05 ·cited 27×
  Service of process by an incarcerated felon is valid under Federal Rule of Civil Procedure 4, and a defendant's failure to answer after receiving actual notice constitutes culpable conduct justifying denial of a motion to set aside a default judgment.
• United States v. Carbone
  798 F.2d 21· 1st Cir.· 1986-08-13 ·cited 27×
  The court held that the admission of authenticated and enhanced tape recordings and the use of transcripts as a jury aid were not an abuse of discretion, and that the denial of a post-trial hearing on alleged perjury was proper.
• United States v. Habib Georges Makhlouta
  790 F.2d 1400· 9th Cir.· 1986-06-02 ·cited 27×
  The court held that the prosecutor's exploitation of the defendant's post-arrest silence regarding entrapment violated the Due Process Clause and constituted plain error.