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

• Midtown Enters., Inc. v. Local Contractors, Inc.
  785 So. 2d 578· Fla. 3d DCA· 2001-04-11 ·cited 25×
  Midtown Enterprises appeals a trial court order overturning a jury verdict and granting a new trial in a breach of contract case against a general contractor. The appellate court reverses, holding that the trial court's initial evidentiary rulings were correct and that the trial
• Simonik v. Patterson
  752 So. 2d 692· Fla. 3d DCA· 2000-02-16 ·cited 25×
  The appellate court affirmed the trial court's denial of a motion to modify a permanent injunction, finding no abuse of discretion.
• N. Am. Speciality Ins. Co. v. Bergeron Land Dev., Inc.
  745 So. 2d 359· Fla. 4th DCA· 1999-09-22 ·cited 25×·via Abuse Of Discretion Standard For Denying Leave To Amend
  North American Specialty Insurance Company appealed the trial court's grant of summary judgment in favor of Bergeron Land Development, Inc. on a payment bond dispute. The Fourth District reversed, holding that the trial court abused its discretion by denying North American leave
• Pricewaterhousecoopers LLP v. Cedar Res., Inc.
  761 So. 2d 1131· Fla. 2d DCA· 1999-09-10 ·cited 25×
  PricewaterhouseCoopers and Michael Willis appealed the denial of their motion to transfer venue from Pinellas County in a fraud case brought by Cedar Resources. The court reversed, holding that the tort claims accrued in Orange County where the stock closing occurred, not in Pine
• Execu-Tech Bus. Sys., Inc. v. Appleton Papers Inc.
  743 So. 2d 19· Fla. 4th DCA· 1999-01-06 ·cited 25×
  Consumers of thermal fax paper sought class certification for a price-fixing claim under Florida's Deceptive and Unfair Trade Practices Act. The trial court denied class certification, finding that appellants failed to demonstrate a viable methodology for proving class-wide impac
• Roggemann v. Boston Safe Deposit & Tr. Co.
  670 So. 2d 1073· Fla. 4th DCA· 1996-03-20 ·cited 25×
  Roggemann appeals a default judgment entered against him by Boston Safe Deposit and Trust Company. The court affirmed the default but reversed the attorney's fees award, holding that Roggemann was entitled to a proper evidentiary hearing on the issue of reasonable attorney's fees
• Spolski Gen. Contractor, Inc. v. Jett-Aire Corp. Aviation Mgmt. OF Cent. Fla., Inc.
  637 So. 2d 968· Fla. 5th DCA· 1994-06-03 ·cited 25×·via Abuse Of Discretion Standard For Continuance
  Spolski General Contractor appeals summary judgment and judgment on the pleadings dismissing its breach of warranty claims against paint manufacturer Benjamin Moore & Co. and paint supplier Senkarik Glass & Paint Co. after defective paint caused damage to an airport hangar. The c
• Fabre v. Levine
  618 So. 2d 317· Fla. 1st DCA· 1993-05-07 ·cited 25×
  Katherine Fabre appealed a trial court's denial of her petition to relocate with her children to South Carolina and its award of only 60% of her attorney's fees. The court affirmed the denial of relocation but reversed the partial fee award, holding that attorney's fees in domest
• Weinberger v. Great N. Nekoosa Corp.
  925 F.2d 518· 1st Cir.· 1991-02-11 ·cited 25×
  A district court should ordinarily exercise its equitable jurisdiction to review attorneys' fee applications in class actions, even without a common fund, and must scrutinize them for fairness and reasonableness, not merely rubber-stamp them. The court did not err in denying the
• United States v. Gonzalez
  918 F.2d 1129· 3d Cir.· 1990-11-16 ·cited 25×
  The court affirmed the convictions and sentences, finding that the jury verdicts and sentences were reasonable and supported by the evidence, and that the district court did not err in its rulings on plea agreements, evidence sufficiency, severance, sequestration, or sentencing.
• United States v. BOS
  917 F.2d 1178· 9th Cir.· 1990-10-26 ·cited 25×
  The court held that the district court properly applied the arson sentencing guideline based on stipulated facts, even though the conviction was for mail fraud, and that the refusal to grant a continuance for a psychological evaluation was not an abuse of discretion.
• Sekot Labs., Inc. v. Gleason
  585 So. 2d 286· Fla. 3d DCA· 1990-06-26 ·cited 25×
  When a court dismisses a complaint with leave to amend, a subsequent dismissal with prejudice for failure to timely amend requires either separate notice of a hearing on a motion to dismiss with prejudice or an order granting leave to amend that specifically warns dismissal will
• Roberts v. Peat
  857 F.2d 646· 9th Cir.· 1988-09-19 ·cited 25×
  The court held that subsequent payments on unconditional promissory notes did not constitute separate purchases of securities for purposes of Section 10(b) liability, but that the dismissal of an aiding and abetting claim against an accounting firm was premature.
• Geddes v. Gudrun Margrit Geddes
  530 So. 2d 1011· Fla. 4th DCA· 1988-08-31 ·cited 25×
  In this dissolution of marriage appeal, the Fourth District Court of Appeal affirmed the trial court's denial of Gerald Geddes' claim for a special equity in jointly-titled real property purchased with his trust funds, and also affirmed the denial of permanent alimony to his form
• In re Request FOR Assistance From Ministry OF Legal Affairs OF Trinidad & Tobago Petition of Joseph Azar
  848 F.2d 1151· 11th Cir.· 1988-07-07 ·cited 25×
  The court held that 28 U.S.C. § 1782 does not require a proceeding to be pending in a foreign country before a federal court may grant judicial assistance to a foreign official. The district court did not abuse its discretion in ordering the production of bank records.
• Grogg v. Mo. Pac. R.R. Co.
  841 F.2d 210· 8th Cir.· 1988-02-26 ·cited 25×
  The court held that the plaintiff presented a submissible case for a violation of the Federal Safety Appliance Acts (FSAA) based on a malfunctioning air hose, and thus, the claim should have been submitted to the jury. The exclusion of a document related to the hose failure was n
• Donoghue v. The Cnty. OF Orange
  848 F.2d 926· 9th Cir.· 1987-09-29 ·cited 25×
  The court held that the dismissal of federal and state claims based on statutes of limitation was improper without determining equitable tolling, and that the directed verdict on Title VII claims was inappropriate due to factual inferences and credibility issues for the jury.
• Sadruddin Hashwani v. Barbar
  822 F.2d 1038· 11th Cir.· 1987-07-29 ·cited 25×
  The court held that the district court did not err in granting summary judgment, denying a continuance, or denying a motion to alter the judgment, as the settlement agreement was unambiguous and the defendant breached its terms.
• Fla. Patient's Comp. Fund v. Fla. Physicians' Ins. Reciprocal
  507 So. 2d 778· Fla. 3d DCA· 1987-05-26 ·cited 25×
  The Florida Patient's Compensation Fund appealed a trial court's order transferring venue from Dade County to Duval County in a bad faith settlement refusal action against Florida Physicians' Insurance Reciprocal. The appellate court affirmed the transfer, holding that the trial
• Braxton v. United States & Dep't of Health & Human Servs.
  817 F.2d 238· 3d Cir.· 1987-04-29 ·cited 25×
  Inadvertence in monitoring service of process, even with a private server's unexplained failure, does not constitute good cause for extending the service period under Rule 4(j).
• Hard v. Burlington Northern Railroad
  812 F.2d 482· 9th Cir.· 1987-03-09 ·cited 25×
  The court held that the district court abused its discretion by failing to hold an evidentiary hearing on allegations of juror misconduct, specifically regarding a juror's potential dishonesty during voir dire and the introduction of extraneous information into deliberations.
• Carlotta Rossini and Jane Zukofsky v. Ogilvy & Mather
  798 F.2d 590· 2d Cir.· 1986-08-14 ·cited 25×
  The court held that the district court abused its discretion by denying class representative status to Rossini and excluding officers from the class, and by decertifying the class for promotion and training claims. It also found the limitations on the use of officer file evidence
• Mitroff v. Xomox Corp.
  797 F.2d 271· 6th Cir.· 1986-07-08 ·cited 25×
  The court held that the admission of testimony regarding alleged statements by an assistant personnel manager about age discrimination was erroneous due to lack of foundation and prejudicial impact, warranting a new trial. The dismissal of the pendent state claim was affirmed.
• Celestine Ford v. Temple Hosp. & Nat'l Union of Hosp. & Health Care Emps.
  790 F.2d 342· 3d Cir.· 1986-05-07 ·cited 25×
  The court held that the district court erred in finding bad faith for the initiation of the lawsuit but did not err in finding bad faith for continuing the litigation after the summary judgment motions were filed. Attorneys' fees can be awarded for the latter conduct.
• Sierra Club v. United States Army Corps OF Eng'rs
  776 F.2d 383· 2d Cir.· 1985-10-28 ·cited 25×
  The court held that the Eleventh Amendment does not bar bad faith attorney fee awards against a state, and that such awards are not punitive damages. However, the court reversed the fee award against the Corps for lack of a finding of improper purpose and remanded for recalculati
• United States v. ADI
  759 F.2d 404· 5th Cir.· 1985-04-19 ·cited 25×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on a recanting witness, and that the defendant's grand jury testimony was sufficient for a perjury conviction. The court vacated the conviction for dealing firearms wit
• Evans v. Bexley
  750 F.2d 1498· 11th Cir.· 1985-01-21 ·cited 25×
  A fiduciary serving as a trustee of multiple employee benefit plans or representing an employer/union in collective bargaining does not violate ERISA solely due to potential conflicts of interest, and a district court's refusal to consider attorney's fees under ERISA without maki
• Revette v. The Int'l Ass'n OF Bridge
  740 F.2d 892· 11th Cir.· 1984-08-31 ·cited 25×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, even if the merits present a close question.
• Baylor v. Jefferson Cnty. Bd. OF Educ.
  733 F.2d 1527· 11th Cir.· 1984-06-08 ·cited 25×
  The court held that the district court's finding of racial discrimination was not clearly erroneous and that the exclusion of the transcript was not an abuse of discretion.
• In re TA CHI Navigation (Panama) Corp. S.A. v. United States
  728 F.2d 699· 5th Cir.· 1984-03-23 ·cited 25×
  The court held that the denial of the surety's Rule 60(b) motion was not an abuse of discretion because the motion improperly attempted to relitigate the merits of the original judgment, which was not timely appealed. The merits of the original judgment are not before the appella
• Sosa v. Knight-Ridder Newspapers, Inc.
  435 So. 2d 821· Fla.· 1983-07-21 ·cited 25×·via Abuse Of Discretion Standard For New Trial Motions
  The Florida Supreme Court held that a trial judge properly exercised discretion in granting a new trial in a wrongful death case where the defendant's counsel improperly referenced workers' compensation benefits not in evidence during closing argument and the trial court failed t
• Thomas v. Farmville Mfg. Co., Inc.
  705 F.2d 1307· 11th Cir.· 1983-05-23 ·cited 25×
  The court held that the district court abused its discretion by denying leave to amend the complaint.
• Albert J.W. Novak v. Novak
  429 So. 2d 414· Fla. 4th DCA· 1983-03-30 ·cited 25×
  In a divorce case, the appellate court affirmed the trial court's finding of a constructive trust giving the wife half of the husband's closely held corporate stock, but reversed the denial of attorney's fees and remanded for the court to determine the stock's value and establish
• Brooks v. Brooks
  423 So. 2d 995· Fla. 3d DCA· 1982-12-28 ·cited 25×
  Mary Lee Brooks appealed a trial court's denial of her motion to modify alimony and child support in a divorce dissolution. The Third District Court of Appeal affirmed the denial of alimony modification but reversed the denial of increased child support, finding the trial court a
• Kaikilani Robinson Walsh v. Centeio
  692 F.2d 1239· 9th Cir.· 1982-11-02 ·cited 25×
  The Ninth Circuit held that the abuse of discretion standard applies to dismissals under Federal Rule of Civil Procedure 19(b) and that the district court did not abuse its discretion in dismissing the action for failure to join indispensable parties.
• In re AIR Crash Disaster AT John F. Kennedy Int'l Airport ON June 24
  687 F.2d 626· 2d Cir.· 1982-08-23 ·cited 25×
  The court held that plaintiffs who settled 'without costs' are not entitled to recover costs, and that costs for transcripts and exhibits must be limited to expenses actually incurred by the party seeking reimbursement.
• In re Corrugated Container Antitrust Litig. Adams Extract Co. v. The Chesapeake Corp. OF Va.
  659 F.2d 1322· 5th Cir.· 1981-10-29 ·cited 25×
  The court held that the district court did not abuse its discretion in reapproving the settlements and the allocation formula, as its findings were sufficient and supported by the evidence.
• United States v. Reza Sedigh and William D. Brooks
  658 F.2d 1010· 5th Cir.· 1981-10-09 ·cited 25×
  The court held that evidence of non-registration of firearms was admissible in a conspiracy trial for possessing unregistered firearms, and that the trial court did not err in handling jury misconduct allegations or denying a mistrial.
• Hill v. Rolleri
  615 F.2d 886· 9th Cir.· 1980-03-26 ·cited 25×
  The court held that the district court retained jurisdiction over the third-party claim after the main action settled and that evidentiary rulings were either harmless error or within the trial court's discretion.
• Novo Terapeutisk Laboratorium A/S v. Baxter Travenol Labs., Inc.
  607 F.2d 186· 7th Cir.· 1979-02-27 ·cited 25×
• Cent. Milk Producers Coop. v. Sentry Food Stores, Inc.
  573 F.2d 988· 8th Cir.· 1978-03-30 ·cited 25×
  The court held that the trial court did not abuse its discretion in denying a motion to disqualify a law firm, despite two attorneys having previously worked on a related government case, because opposing counsel had approved screening procedures and waived their right to object.
• Clement J. McDONALD v. Chicago Milwaukee Corp.
  565 F.2d 416· 7th Cir.· 1977-10-07 ·cited 25×
  The court held that the district court did not abuse its discretion in approving the settlement, finding that the representative plaintiff's dual holdings did not render him inadequate and that the creation of a subclass for former debenture holders was not a sham to disguise att
• United States ex rel. Beaumont Gereau v. Henderson
  526 F.2d 889· 5th Cir.· 1976-02-06 ·cited 25×
  Administrative transfers of prisoners do not require notice, hearing, or other due process safeguards, as these decisions are within the sound discretion of prison authorities.
• Crown Colony Distribs., Inc. v. United States Fire Ins. Co.
  510 F.2d 544· 5th Cir.· 1975-03-26 ·cited 25×·via Abuse Of Discretion Standard For New Trial Motions
  The court affirmed the jury's finding that the insured deliberately set the fire, rendering discussion of concealment issues unnecessary.
• Zeke Williams et ux. v. Gunn
  279 So. 2d 69· Fla. 1st DCA· 1973-06-19 ·cited 25×
• Deakyne v. Comm'rs OF Lewes
  416 F.2d 290· 3d Cir.· 1969-09-23 ·cited 25×
  The court held that the district court erred in refusing to allow the defendant to amend its pleadings to conform to the evidence and instruct the jury on a relevant statute, as the defendant should have been given the opportunity to plead the statute and have the jury instructed
• Davis Clary v. Isom
  55 Fla. 384· Fla.· 1908-01-01 ·cited 25×
  The appellate court affirmed an order granting a new trial, holding that the trial judge did not abuse their discretion. The court clarified the standard of review for orders granting new trials, emphasizing that appellate courts should not interfere unless the evidence clearly p
• Williams v. Reckitt Benckiser LLC
  65 F.4th 1243· 11th Cir.· 2023-04-12 ·cited 24×
  The Eleventh Circuit vacated a district court's approval of a class-action settlement in a lawsuit alleging that Reckitt Benckiser falsely marketed its Neuriva brain supplements as clinically proven, holding that the named plaintiffs lacked Article III standing to seek injunctive
• United States v. $70
  929 F.3d 1293· 11th Cir.· 2019-07-08 ·cited 24×
  The court held that the district court did not abuse its discretion in allowing the government to dismiss its forfeiture complaint without prejudice, and that the claimants were not entitled to attorney's fees because they did not substantially prevail.
• Gutierrez v. Jose Luis Vargas, M.D.
  239 So. 3d 615· Fla.· 2018-03-22 ·cited 24×
  A trial court does not abuse its discretion by allowing treating physicians to testify as fact witnesses regarding their diagnostic opinions and medical observations, even when a pretrial order limits each party to one expert per specialty, because treating physicians testify abo