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

• Davis v. State
  859 So. 2d 465· Fla.· 2003-09-11 ·cited 107×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Adam Davis was convicted of first-degree murder and sentenced to death for the planned killing of his girlfriend's mother, Vicki Robinson. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Davis's nine appellate arguments challenging the admissi
• Vick Griffin v. Swim-Tech Corp.
  722 F.2d 677· 11th Cir.· 1984-01-09 ·cited 107×
  The court held that the district court did not abuse its discretion in denying Swim-Tech's motions to set aside judgments, given its protracted discovery delays and repeated violations of court orders.
• Dessaure v. State
  891 So. 2d 455· Fla.· 2004-12-02 ·cited 106×
  Kenneth Louis Dessaure was convicted of first-degree murder for the February 1999 stabbing death of Cindy Riedweg and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple appellate challenges including claims of prosecutoria
• Peterson v. United States
  344 F.2d 419· 5th Cir.· 1965-04-13 ·cited 106×·via Abuse Of Discretion Standard For Severance
  The court held that admitting former testimony of an unavailable witness without sufficient predicate and improperly instructing the jury on essential elements of the charges constituted reversible error.
• United States v. MacHado
  804 F.2d 1537· 11th Cir.· 1986-12-03 ·cited 105×·via Abuse Of Discretion Standard For Severance
  The court affirmed the convictions, finding no reversible error in the admission of coconspirator statements, denial of severance motions, limitations on cross-examination, or sufficiency of evidence for the charges.
• Toussaint v. McCARTHY
  801 F.2d 1080· 9th Cir.· 1986-09-30 ·cited 105×
  The court held that the district court assumed too much control over prison affairs, requiring modification of the permanent injunction to ensure it is no broader than necessary to remedy constitutional violations.
• Farish v. Lum's, Inc.
  267 So. 2d 325· Fla.· 1972-09-27 ·cited 105×·via Abuse Of Discretion Standard On Appeal
  The Florida Supreme Court reviewed a conflict between two District Court decisions regarding whether a trial court abuses its discretion by granting summary judgment based on a defendant's failure to file sworn and signed responses to requests for admissions. The Court held that
• Silverberg v. Paine
  710 F.2d 678· 11th Cir.· 1983-07-25 ·cited 104×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial, as the jury's intent to find for the plaintiff and award damages was clear despite some confusion in the verdict forms, and the damages instruction was proper under Florida law f
• Hamlet v. Hamlet
  583 So. 2d 654· Fla.· 1991-06-13 ·cited 103×
  The Florida Supreme Court held that trial courts have authority to award permanent periodic alimony even when substantial assets are equitably distributed to both spouses, and that appellate courts must review property and alimony awards as an integrated whole rather than in isol
• McKINLEY v. City OF Eloy
  705 F.2d 1110· 9th Cir.· 1983-05-09 ·cited 103×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that a probationary public employee's speech on matters of public concern is protected by the First Amendment, and dismissal based on such speech, even without a property interest in the job, entitles the employee to reinstatement and damages.
• Smithers v. State
  826 So. 2d 916· Fla.· 2002-05-16 ·cited 102×
  Samuel Smithers was convicted of two first-degree murders of prostitutes and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentences, finding that the trial court properly denied motions to sever the charges and suppress the confession, and that
• Thomasina Mack v. The Great Atl. & Pac. TEA Co., Inc.
  871 F.2d 179· 1st Cir.· 1989-03-28 ·cited 102×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the plaintiff's claims were untimely filed under Title VII because she failed to demonstrate a discriminatory act within the 240-day limitations period or sufficient grounds for equitable tolling.
• Brewer v. United States Postal Serv.
  647 F.2d 1093· Ct. Cl.· 1981-04-22 ·cited 102×
  The court held that the Merit Systems Protection Board's decision affirming the employee's removal was supported by substantial evidence and free from procedural error, and that the penalty of removal was not an abuse of discretion.
• Conway v. Chem. Leaman Tank Lines, Inc.
  610 F.2d 360· 5th Cir.· 1980-01-25 ·cited 102×
  The trial court abused its discretion in setting aside the jury's verdict and granting a new trial, as the verdict was supported by the evidence and not against the great weight thereof.
• Galella v. Onassis
  487 F.2d 986· 2d Cir.· 1973-09-13 ·cited 102×
  The court denied the petition for rehearing en banc, finding the panel's decision did not present a substantial question of unusual importance warranting such review.
• Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP
  137 So. 3d 1081· Fla. 3d DCA· 2014-03-26 ·cited 101×
  Grove Isle Association, a condominium association, appealed the dismissal of its complaint alleging violations of a declaration of condominium by entities controlling resort amenities on Fair Isle. The court reversed the dismissal, holding that the trial court erred in finding th
• Terrie G. Viets v. Am. Recruiters Enters., Inc.
  922 So. 2d 1090· Fla. 4th DCA· 2006-03-22 ·cited 101×
  Plaintiff Terrie Viets appealed the denial of her motion to vacate a default judgment and attorney's fees award entered against her after she failed to comply with administrative orders and appear at a case management conference. The Fourth District Court of Appeal reversed, find
• Nader v. Fed. Commc'ns Comm'n
  520 F.2d 182· D.C. Cir.· 1975-09-29 ·cited 101×
  The court held that AT&T was protected by the Arizona Grocery doctrine from refunding revenue collected under an interim rate increase, even if the rate of return was later found to be unreasonably high, unless the issue involved cross-subsidization.
• Rose v. State
  787 So. 2d 786· Fla.· 2001-04-05 ·cited 100×
  James Franklin Rose appeals his death sentence for the 1976 kidnapping and murder of eight-year-old Lisa Berry. The Florida Supreme Court affirms the death penalty, rejecting seventeen issues raised on appeal, including claims regarding photographic evidence, Brady violations, pr
• Schwab & Co., Inc. v. Breezy BAY, Inc.
  360 So. 2d 117· Fla. 3d DCA· 1978-06-13 ·cited 100×
  The court held that the trial judge did not abuse discretion in denying Schwab's motion to set aside default and final judgment, and that Schwab's argument regarding lack of notice for the final judgment hearing was without merit.
• Nat'l Labor Relations Bd. v. AIR Control Prods. OF ST. Petersburg, Inc.
  335 F.2d 245· 5th Cir.· 1964-07-28 ·cited 100×
  The court held that the employer's objections to the election and its proffered evidence were insufficient to warrant a hearing or overturn the union's certification.
• Miller v. State
  42 So. 3d 204· Fla.· 2010-06-03 ·cited 99×
  Lionel Miller was convicted of first-degree murder and sentenced to death for killing 72-year-old Jerry Smith during a botched burglary and robbery attempt on Easter Sunday 2006. The Florida Supreme Court affirmed Miller's conviction and death sentence, rejecting constitutional c
• United States v. Filippo Casamento
  887 F.2d 1141· 2d Cir.· 1989-10-11 ·cited 99×
  The court held that the length and complexity of the trial, spillover prejudice, and publicity did not substantially prejudice the defendants, and thus severance was not required.
• In re Pizza OF Haw., Inc. v. Shakey's, Inc.
  761 F.2d 1374· 9th Cir.· 1985-05-24 ·cited 99×
  The court held that the district court had jurisdiction to review its order vacating a confirmed plan and remanding for estimation of a claim, and that the franchisor had established an amendable informal proof of claim, making the plan infeasible.
• United States v. Pennell
  737 F.2d 521· 6th Cir.· 1984-06-08 ·cited 99×
  The dissenting judge holds that the majority erred in not applying the presumption of prejudice to a hearing on juror bias following unauthorized contact.
• Wilson v. State
  436 So. 2d 908· Fla.· 1983-07-21 ·cited 99×
  Sam Wilson, Jr. was convicted of two counts of first-degree murder and sentenced to death after killing his father and a young cousin in a brutal attack that began with a confrontation over food. The Florida Supreme Court affirmed the convictions and death sentences, finding the
• Westbrook v. Zant
  704 F.2d 1487· 11th Cir.· 1983-05-16 ·cited 98×
  The court held that the trial court's denial of a request for a court-appointed psychologist or psychiatrist to evaluate the impact of long-term incarceration on a capital defendant's mental state was not an abuse of discretion, as the defendant could have presented evidence thro
• Meyers v. Pennypack Woods Home Ownership Ass'n & Marion A. Steinbronn
  559 F.2d 894· 3d Cir.· 1977-07-06 ·cited 98×
  The trial judge did not abuse discretion by refusing to allow late-disclosed witnesses, as the plaintiff failed to justify the delay or comply with pretrial rules.
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Lebron v. State
  982 So. 2d 649· Fla.· 2008-05-01 ·cited 97×
  Jermaine Lebrón was convicted of first-degree murder and robbery with a firearm in the 1995 killing of Larry Neal Oliver during a robbery. After two prior resentencing proceedings, this Court affirms Lebrón's death sentence, finding the trial court properly evaluated aggravators
• Koile v. State
  934 So. 2d 1226· Fla.· 2006-07-06 ·cited 97×
  The Florida Supreme Court answered two certified questions about restitution under section 775.089: (1) whether lost wages of a victim's next of kin who voluntarily attends a murder trial are recoverable as restitution, and (2) whether lost future income of a deceased murder vict
• White v. State
  817 So. 2d 799· Fla.· 2002-04-04 ·cited 97×
  William Melvin White appeals his death sentence imposed after resentencing for the 1978 first-degree murder of Gracie Mae Crawford. The Florida Supreme Court affirms the death sentence, rejecting White's challenges to the admission of evidence, aggravating circumstances, mitigati
• Rogers v. State
  783 So. 2d 980· Fla.· 2001-03-01 ·cited 97×
  Glen Edward Rogers was convicted of first-degree murder, armed robbery, and grand theft for the brutal stabbing death of Tina Marie Cribbs in a Tampa motel in November 1995, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting cl
• United States v. McDOWELL
  888 F.2d 285· 3d Cir.· 1989-10-25 ·cited 97×
  The court held that the district court did not abuse its discretion in disclosing grand jury testimony and that its finding of subornation of perjury was not clearly erroneous, affirming the sentence imposed.
• United States v. Justice
  877 F.2d 664· 8th Cir.· 1989-06-08 ·cited 97×
  The court held that the district court did not abuse its discretion in refusing to depart from the sentencing guidelines, either for substantial assistance or due to the criminal history category.
• United States v. Johnson
  478 F.2d 1129· 5th Cir.· 1973-05-17 ·cited 97×·via Abuse Of Discretion Standard For Severance
  The trial court abused its discretion by denying a severance to a defendant whose co-defendant's confession and defense strategy directly implicated and contradicted his own.
• Brown v. State
  245 So. 2d 68· Fla.· 1971-02-17 ·cited 97×
  Bill Brown, Jr. was convicted of first-degree murder and sentenced to death. On direct appeal, the Florida Supreme Court upheld the conviction, rejecting Brown's challenges to his competency evaluation, his confession's voluntariness, the admissibility of the murder weapon obtain
• Waseem Daker v. Ward
  999 F.3d 1300· 11th Cir.· 2021-06-07 ·cited 96×
  Waseem Daker, a prisoner serving a life sentence who has filed hundreds of frivolous lawsuits in federal court, appealed the dismissal of his civil rights complaint alleging that Georgia prison officials violated his constitutional rights and religious freedom by forcibly shaving
• Hagan v. SUN Bank OF Mid-Florida, N.A.
  666 So. 2d 580· Fla. 2d DCA· 1996-01-19 ·cited 96×
  Ruth Hagan appeals a trial court's grant of a new trial in her personal injury negligence case against Sun Bank. The trial court vacated a jury verdict in Hagan's favor, finding her attorney's closing argument was so inflammatory and prejudicial as to preclude rational jury consi
• United States v. Darby
  744 F.2d 1508· 11th Cir.· 1984-10-29 ·cited 96×·via Abuse Of Discretion Standard For Continuance
  The court affirmed the convictions and sentences, finding no violations of speedy trial rights, abuse of discretion in denying continuances, or denial of a fair trial. It also rejected claims regarding jurisdiction, sentencing, and sufficiency of evidence.
• Harrington v. DeVITO
  656 F.2d 264· 7th Cir.· 1981-08-10 ·cited 95×·via Abuse Of Discretion Standard On Appeal
  The court held that the State's appeal of the attorneys' fee allocation was without merit, as the district court did not abuse its discretion in finding that the plaintiffs prevailed against the State and in allocating a portion of the fees to it.
• Martinez v. Mathews
  544 F.2d 1233· 5th Cir.· 1976-12-28 ·cited 95×
  The court held that if a health provider receives funding as a "migrant health center," its governing board must be composed of a majority of individuals being served by the center, who, as a group, represent those individuals, and that the likelihood of success on the issue of f
• Morton v. State
  789 So. 2d 324· Fla.· 2001-06-28 ·cited 94×
  The Florida Supreme Court affirmed two death sentences imposed on Alvin LeRoy Morton following resentencing for the 1992 murders of John Bowers and Madeline Weisser. The court rejected Morton's challenges to the closing argument, his claim that the trial court failed to consider
• Woods v. Nova Cos. Belize Ltd.
  739 So. 2d 617· Fla. 4th DCA· 1999-06-02 ·cited 94×
  Francis Woods, a Belizean resident injured in a Costa Rica aircraft crash, sued Nova Companies Belize Ltd. in Florida state court. The trial court dismissed for lack of personal jurisdiction and forum non conveniens, but the Fourth District Court of Appeal reversed, finding that
• Foster v. Wallace W. Tourtellotte, M.D., Ph.D.
  704 F.2d 1109· 9th Cir.· 1983-04-26 ·cited 94×
  The court held that the district court did not abuse its discretion in denying attorney's fees under the Equal Access to Justice Act because the government's position was substantially justified.
• Ramesh Solomon v. Elsea
  676 F.2d 282· 7th Cir.· 1982-04-22 ·cited 94×
  The court held that the Parole Commission's denial of parole was proper, as the statement of reasons was sufficient, the magnitude of the offense constituted good cause for deviation from guidelines, and the Commission did not abuse its discretion by relying on presentence report
• Khadafy Kareem Mullens v. State
  197 So. 3d 16· Fla.· 2016-06-16 ·cited 93×
  Khadafy Kareem Mullens pleaded guilty to two counts of first-degree murder and one count of attempted first-degree murder arising from a convenience store robbery that escalated into violence. After waiving his right to a jury penalty phase, he was sentenced to death for the murd
• Guardado v. State
  965 So. 2d 108· Fla.· 2007-06-28 ·cited 93×
  Jesse Guardado was convicted of first-degree murder and robbery with a weapon in the brutal beating and stabbing death of 75-year-old Jackie Malone in Walton County, Florida. Guardado pleaded guilty and received a death sentence after a jury unanimously recommended capital punish
• Cal. Architectural Bldg. Prods., Inc. v. Franciscan Ceramics, Inc.
  818 F.2d 1466· 9th Cir.· 1987-06-04 ·cited 93×
  The court held that summary judgment was appropriate because the dealers failed to show a genuine issue of fact regarding Franciscan's intent to defraud, and that denial of leave to amend was proper due to futility. However, the court reversed the award of Rule 11 sanctions again
• United States v. Ortiz
  804 F.2d 1161· 10th Cir.· 1986-11-05 ·cited 93×
  The court held that the district court did not err in denying the entrapment defense, refusing to disclose an informant's status, or denying a continuance, and therefore affirmed the conviction.