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

• Wilson v. McCARTHY
  770 F.2d 1482· 9th Cir.· 1985-09-12 ·cited 26×
  The court held that the trial court did not abuse its discretion in shackling a defense witness, and the petitioner failed to demonstrate prejudice or the availability of less drastic alternatives.
• Stewart v. Lubbock Cnty.
  767 F.2d 153· 5th Cir.· 1985-08-05 ·cited 26×
  The court held that the plaintiffs' claims for injunctive relief should have been dismissed for lack of federal jurisdiction due to insufficient Article III standing, as past wrongs do not establish a real and immediate threat of future injury.
• Vasquez v. Immigr. & Naturalization Serv.
  767 F.2d 598· 9th Cir.· 1985-07-30 ·cited 26×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the petitioner's motions to reopen for adjustment of status and suspension of deportation, as he failed to establish a prima facie case of extreme hardship.
• Rivera v. City OF Riverside
  763 F.2d 1580· 9th Cir.· 1985-06-27 ·cited 26×
  The court held that the district court did not abuse its discretion in awarding attorney's fees under 42 U.S.C. § 1988, as it correctly reconsidered the case in light of Hensley v. Eckerhart and adequately explained the reasonableness of the award in relation to the plaintiffs' s
• Dallo v. Immigr. & Naturalization Serv.
  765 F.2d 581· 6th Cir.· 1985-06-20 ·cited 26×
  The court affirmed the Board of Immigration Appeals' refusals to reopen deportation proceedings and the district court's denial of habeas corpus, finding the petitions frivolous and without merit.
• Artell M. Henry (81-1767) v. City OF Detroit Manpower Dep't
  763 F.2d 757· 6th Cir.· 1985-05-22 ·cited 26×
  Orders denying motions for appointment of counsel in Title VII and § 1983 actions are not immediately appealable "final decisions" under 28 U.S.C. § 1291.
• Green v. Black
  755 F.2d 687· 8th Cir.· 1985-02-27 ·cited 26×
  The court held that the district court abused its discretion by dismissing the prisoner's complaint as frivolous without allowing him to prove a potential liberty interest in parole consideration.
• Inmates OF the Allegheny Cnty. Jail v. Cyril H. Wecht
  754 F.2d 120· 3d Cir.· 1985-01-29 ·cited 26×
  The court affirmed the denial of a motion to modify an injunction setting jail population limits, finding no abuse of discretion. However, it vacated a $5,000 per prisoner sanction for releasing inmates, finding it lacked specificity and a nexus to the underlying violations.
• Gus O. Hollis v. The United States
  744 F.2d 1430· 10th Cir.· 1984-10-03 ·cited 26×
  The court held that dismissal of the complaint was too severe a sanction, constituting an abuse of discretion, given the lack of prejudice to the defendant and the short time the suit had been pending.
• United States v. Alden
  767 F.2d 314· 7th Cir.· 1984-08-21 ·cited 26×
  The court held that the district court did not err in denying defendants' requests for psychiatric assistance or in refusing to instruct the jury on insanity defenses, as insufficient evidence was presented to warrant either.
• LEE v. Anniston City Sch. Sys.
  737 F.2d 952· 11th Cir.· 1984-07-26 ·cited 26×
  The court held that the district court did not abuse its discretion in approving the Anniston School Board's plan for a new middle school, finding the plan reasonable, non-discriminatory, and conducive to further desegregation.
• United States v. Rodriguez
  738 F.2d 13· 1st Cir.· 1984-06-26 ·cited 26×
  The court held that the district court did not abuse its discretion in denying the motion to dismiss the indictment as untimely, nor in refusing to grant a new trial based on newly discovered evidence.
• Briggs v. United States Parole Comm'n
  736 F.2d 446· 8th Cir.· 1984-05-29 ·cited 26×
  The Parole Commission violated 18 U.S.C. § 4206(c) by deviating from parole guidelines without providing a statement of reasons. The court reversed the denial of habeas corpus relief.
• United States v. Bautista
  731 F.2d 97· 1st Cir.· 1984-04-09 ·cited 26×
  The court held that the search of the vehicle was lawful as incident to a lawful arrest, the denial of severance was not an abuse of discretion, the co-conspirator's statements were properly admitted, and the evidence was sufficient to support the convictions.
• Dynes v. Army AIR Force Exch. Serv.
  720 F.2d 1495· 11th Cir.· 1983-10-24 ·cited 26×
  The court held that a Bivens claim for damages is not available for a federal employee's due process violation in employment termination proceedings when a comprehensive administrative remedy scheme exists.
• Hayden v. Orison F. McDONALD
  719 F.2d 266· 8th Cir.· 1983-09-29 ·cited 26×
  The court held that the district court abused its discretion by certifying a partial judgment under Fed.R.Civ.P. 54(b) when the claims were closely related and no hardship justified immediate appeal.
• Columbia Mfg. Corp. v. Nat'l Labor Relations Bd.
  715 F.2d 1409· 9th Cir.· 1983-09-16 ·cited 26×
  The court held that the thirty-day time limit for filing an application for attorneys' fees under the Equal Access to Justice Act is jurisdictional, and the NLRB correctly dismissed Columbia's untimely application.
• AMF Inc. v. Jewett
  711 F.2d 1096· 1st Cir.· 1983-07-08 ·cited 26×
  The court held that the district court erred in denying AMF's motion for civil contempt, finding that the defendants violated the consent decree by continuing to use prohibited names in directory listings and by drop-shipping non-AMF flowmeters with AMF's trademarks.
• La. Env't Soc'y, Inc. v. Dole
  707 F.2d 116· 5th Cir.· 1983-05-26 ·cited 26×
  The court held that the administrative record adequately supported the Administrator's Section 4(f) determination that the proposed bridge route minimized harm to recreational areas, and that the district court erred in striking new causes of action from the plaintiffs' supplemen
• Schwartz v. Schwartz
  431 So. 2d 716· Fla. 3d DCA· 1983-05-24 ·cited 26×
  A party waives grounds for judicial disqualification if not raised promptly after knowledge of the grounds, and a judge who recuses themselves can still enter final judgments on issues already tried.
• Anderson v. Malloy
  700 F.2d 1208· 8th Cir.· 1983-03-09 ·cited 26×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in ruling that testimony regarding subsequent remedial measures did not raise the issue of feasibility, but rather concerned recommendations.
• Sam's Style Shop v. Cosmos Broad. Corp.
  694 F.2d 998· 5th Cir.· 1982-12-28 ·cited 26×
  The court held that the clause allowing the station to reject commercials was a simple potestative condition, not a purely potestative one, and that the damage award was excessive.
• Plotkin v. Pac. Tel. & Tel. Co.
  688 F.2d 1291· 9th Cir.· 1982-09-29 ·cited 26×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the summary judgment because the appellant made a voluntary decision not to appeal and failed to show extraordinary circumstances.
• Sanchez v. Schwartz
  688 F.2d 503· 7th Cir.· 1982-09-13 ·cited 26×·via Abuse Of Discretion Standard For Fee Awards
  The court affirmed the plaintiff's entitlement to attorney's fees under 42 U.S.C. § 1988 and the exclusion of fees for administrative delays, but reversed and remanded for further reductions in the expert witness fee and compensable hours.
• Fla. Land Co. v. Orange Cnty.
  418 So. 2d 370· Fla. 5th DCA· 1982-08-18 ·cited 26×
  Florida Land Company appealed the denial of its motion for a temporary injunction to halt Orange County's Ordinance 81-14, which allocated sewage treatment capacity. The court affirmed the denial, holding that the appellant failed to demonstrate that the injunction would serve th
• Bruner v. Dunaway
  684 F.2d 422· 6th Cir.· 1982-08-11 ·cited 26×
  The court held that the district court did not abuse its discretion in granting a new trial based on insufficient evidence of personal involvement or presence during the alleged assault, and that denying post-trial motions after the second trial was also proper.
• Donaciano Bueno-Carrillo v. Landon
  682 F.2d 143· 7th Cir.· 1982-07-02 ·cited 26×
  The court held that economic hardship alone does not constitute extreme hardship for the purpose of suspending deportation, and the immigration courts did not abuse their discretion in denying the petitioner's application.
• Reygo Pac. Corp. v. Johnston Pump Co.
  680 F.2d 647· 9th Cir.· 1982-07-01 ·cited 26×
  The court held that imposing a sanction on an attorney for a discovery motion that was not obviously improper constituted an abuse of discretion.
• Daylight Grocery Co., Inc. v. Nat'l Labor Relations Bd.
  678 F.2d 905· 11th Cir.· 1982-06-14 ·cited 26×
  The National Labor Relations Board correctly determined the bargaining unit and election results, and its order to bargain is therefore enforced.
• Chae KIM RO and Chin Deung Ro v. Immigr. & Naturalization Serv.
  670 F.2d 114· 9th Cir.· 1982-02-22 ·cited 26×
  The court held that the birth of the petitioners' child after the immigration judge's hearing constitutes new evidence, and the BIA abused its discretion by denying the motion to reopen without considering this new evidence.
• United States v. 329.73 Acres OF Land
  666 F.2d 281· 5th Cir.· 1982-01-25 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the government's motions for judgment notwithstanding the verdict or a new trial, and that the jury's verdict was supported by substantial evidence.
• Otero Sav. & Loan Ass'n v. The Fed. Reserve Bank OF Kan. City
  665 F.2d 275· 10th Cir.· 1981-11-13 ·cited 26×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction because the Reserve Bank lacked statutory authority to refuse processing of the associations' checks and drafts.
• GAF Corp. v. Transamerica Ins. Co.
  665 F.2d 364· D.C. Cir.· 1981-09-03 ·cited 26×
  The court held that attorneys' fees can be awarded as a condition of voluntary dismissal under Rule 41(a)(2), but remanded for a specific explanation of the award amount to ensure it only covers costs rendered useless by the dismissal.
• Mich. Ass'n FOR Retarded Citizens v. Donald C. Smith, M.D.
  657 F.2d 102· 6th Cir.· 1981-08-21 ·cited 26×
  The court held that the district court did not abuse its discretion in denying the labor union's application to intervene as untimely.
• United States v. Swarek
  656 F.2d 331· 8th Cir.· 1981-08-12 ·cited 26×·via Abuse Of Discretion Standard For Continuance
  The court held that the evidence was sufficient to support the jury's verdict of conspiracy to defraud the SBA, that the admitted evidence was relevant and not unduly prejudicial, and that the denial of a continuance was not an abuse of discretion.
• Ellis v. Chevron U. S. A. Inc.
  650 F.2d 94· 5th Cir.· 1981-07-08 ·cited 26×
  The court held that there was substantial evidence to support the jury's finding of negligence against Chevron, and that Chevron could be held liable for its own negligence in creating an unsafe condition, even when an independent contractor was involved. The court also affirmed
• Spring City Knitting Co. v. Nat'l Labor Relations Bd.
  647 F.2d 1011· 9th Cir.· 1981-06-12 ·cited 26×
  The court held that the National Labor Relations Board did not abuse its discretion in determining that separate bargaining units for two plants were appropriate and in overruling objections to the election due to alleged union misconduct.
• In re U.S. Golf Corp. v. Neville
  639 F.2d 1197· 5th Cir.· 1981-03-16 ·cited 26×
  The court held that the bankruptcy judge abused his discretion by applying a local maximum fee policy that overrode the Johnson factors, and the district court erred by affirming based on the economy principle without properly balancing all factors.
• Spiegel v. City OF Houston
  636 F.2d 997· 5th Cir.· 1981-02-09 ·cited 26×
  The court held that the preliminary injunction was overly broad and reversed its issuance, remanding for revision.
• Chira v. Lockheed Aircraft Corp.
  634 F.2d 664· 2d Cir.· 1980-10-14 ·cited 26×
  A district court's dismissal of a case for failure to prosecute or comply with court orders is reversible only for an abuse of discretion.
• United States v. Edwards
  631 F.2d 1049· 2d Cir.· 1980-06-25 ·cited 26×
  The court held that the district court did not err in excluding defense witnesses' testimony and properly permitted the government to examine its witnesses on direct regarding cooperation agreements.
• Westbrook v. ALL Points
  384 So. 2d 973· Fla. 3d DCA· 1980-06-24 ·cited 26×
  The jury's verdict limiting damages to medical expenses was not against the manifest weight of the evidence, and the trial court did not abuse its discretion in denying a new trial.
• LaSALLE Extension Univ. & Katharine Gibbs Sch. (Inc.) v. Fed. Trade Comm'n
  627 F.2d 481· D.C. Cir.· 1980-06-05 ·cited 26×·via Abuse Of Discretion Standard On Appeal
  The court held that while a district court must consider all four factors for awarding FOIA attorneys' fees, a remand is not required if the record is clear and the government had a reasonable legal basis for withholding information, even if the district court's findings were not
• Blois v. Friday
  612 F.2d 938· 5th Cir.· 1980-02-28 ·cited 26×
  The court held that the district court abused its discretion by denying the plaintiff's Rule 60(b) motion to vacate a default summary judgment entered due to attorney negligence.
• United States v. Herrera-Medina
  609 F.2d 376· 9th Cir.· 1979-12-06 ·cited 26×
  The court held that the trial judge did not abuse his discretion in admitting evidence of prior incidents under Fed.R. Evid. 404(b).
• United States v. Poore
  594 F.2d 39· 4th Cir.· 1979-03-08 ·cited 26×
  The court held that the district court abused its discretion by refusing to strike the nature of the defendant's prior felony conviction from the indictment when the defendant stipulated to the prior conviction, as this was prejudicial surplusage.
• Nat'l Labor Relations Bd. v. S. Prawer & Co.
  584 F.2d 1099· 1st Cir.· 1978-09-27 ·cited 26×
  The court held that the National Labor Relations Board's order finding unfair labor practices should be enforced, as the company failed to provide substantial evidence to overturn the election results or demonstrate due process violations.
• Lange v. Lange
  357 So. 2d 1035· Fla. 4th DCA· 1978-04-04 ·cited 26×
  A trial court may award exclusive possession of a jointly owned marital home to one spouse as a form of alimony where there is demonstrated need and special circumstances, such as mental illness and emotional attachment to the property. The award of permanent alimony, supported b
• Thomas v. SS Santa Mercedes & Prudential Lines, Inc.
  572 F.2d 1331· 9th Cir.· 1978-03-31 ·cited 26×
  The court held that a seaman's discharge for purposes of the double wage penalty statute can occur even if not conducted before a consul or shipping commissioner, and that the seaman's own delay in presenting a voucher for payment can cease the accrual of the penalty.
• The AETNA Cas. & Sur. Co. v. United States
  570 F.2d 1197· 4th Cir.· 1978-01-31 ·cited 26×
  The court held that the district court erred in disqualifying the Department of Justice from representing the air traffic controllers, as no actual conflict existed and the controllers knowingly consented to joint representation.