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

• Sandor v. Commissioner OF Internal Revenue
  536 F.2d 874· 9th Cir.· 1976-05-28 ·cited 24×
  The court held that the Commissioner did not abuse his discretion in disallowing a cash basis taxpayer's deduction of a five-year prepaid interest expense to prevent a clear reflection of income.
• Cordero v. United States
  533 F.2d 723· 1st Cir.· 1976-04-16 ·cited 24×·via Abuse Of Discretion Standard On Appeal
  A district court does not abuse its discretion by denying a defendant's motion to withdraw a guilty plea before sentencing, even if the defendant later realizes deportation is a consequence, as deportation is a collateral consequence.
• Fern v. Thorp Pub. Sch.
  532 F.2d 1120· 7th Cir.· 1976-04-01 ·cited 24×
  The court held that the district court did not abuse its discretion in balancing factors for a preliminary injunction, and therefore the injunction should not be vacated.
• Bays v. Miller
  524 F.2d 631· 9th Cir.· 1975-10-16 ·cited 24×
  The court held that the district court lacked jurisdiction to review the National Labor Relations Board's certification decisions or to compel the General Counsel to reconsider his refusal to issue an unfair labor practice complaint.
• DAN J. Sheehan Co. v. Occupational Safety & Health Review Comm'n
  520 F.2d 1036· 5th Cir.· 1975-10-08 ·cited 24×
  The court held that an employer's letter admitting a violation but only contesting the penalty does not preserve the right to challenge the citation's validity. Furthermore, OSHA's enforcement procedures do not unconstitutionally chill an employer's right to a hearing.
• Baez v. S. S. Kresge Co.
  518 F.2d 349· 5th Cir.· 1975-09-02 ·cited 24×
  A defendant's appearance must be responsive to a plaintiff's formal court action to trigger notice requirements before a default judgment. Neglect is generally not excusable when internal procedural safeguards are lacking.
• Hyatt v. Hyatt
  315 So. 2d 11· Fla. 3d DCA· 1975-06-10 ·cited 24×
  Ex-wife Lois Hyatt appeals a divorce judgment seeking to challenge the alimony award, the trial court's refusal to retain jurisdiction for future alimony modifications, and the allocation of appraiser fees. The court affirms the lump sum alimony and fee allocation but reverses an
• Equal Emp. Opportunity Comm'n v. United AIR Lines, Inc.
  515 F.2d 946· 7th Cir.· 1975-05-12 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely, considering the delay in filing and potential prejudice to the original parties.
• Ramey v. The Cincinnati Enquirer, Inc.
  508 F.2d 1188· 6th Cir.· 1974-12-26 ·cited 24×
  The court held that the award of attorneys' fees was justified due to the substantial benefit conferred upon the corporation and its shareholders, and that the amount awarded was not an abuse of discretion, but reversed the award of prejudgment interest.
• Mosley v. Gen. Motors Corp.
  497 F.2d 1330· 8th Cir.· 1974-05-31 ·cited 24×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court abused its discretion in severing the plaintiffs' individual actions, as they arose from the same series of transactions and presented common questions of law or fact under Rule 20(a).
• United States v. Curran
  465 F.2d 260· 7th Cir.· 1972-07-20 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence, as the evidence presented was not likely to produce a different verdict.
• United States v. Tabory
  462 F.2d 352· 4th Cir.· 1972-06-21 ·cited 24×·via Abuse Of Discretion Standard On Appeal
  The court held that the defendant's guilty plea was voluntary and intelligent, and the trial court did not abuse its discretion in denying his motion to withdraw the plea.
• Miami Auto Auction, Inc. v. Friendly Enters., Inc.
  257 So. 2d 69· Fla. 3d DCA· 1972-01-25 ·cited 24×
  Miami Auto Auction sued Friendly Enterprises and Interstate Fire Insurance. After Interstate's motion to dismiss was granted, the trial court gave plaintiff leave to file an amended complaint within ten days, but plaintiff failed to comply and filed 65 days late. The appellate co
• Kane v. The Ford Motor Co.
  450 F.2d 315· 3d Cir.· 1971-11-11 ·cited 24×
  The trial court did not abuse its discretion in refusing to admit a service letter as evidence because it was irrelevant to the plaintiff's theory of the case.
• Oliver v. Sch. Dist. OF the City OF Kalamazoo
  448 F.2d 635· 6th Cir.· 1971-08-30 ·cited 24×
  The Court of Appeals affirmed the district court's order granting a preliminary injunction, finding no abuse of discretion.
• State v. Talavera
  243 So. 2d 595· Fla.· 1971-01-20 ·cited 24×·via Abuse Of Discretion Standard For Severance
  A severance motion must demonstrate the exculpatory nature of a codefendant's testimony, willingness to testify, reasons for unwillingness at joint trial, and relevance/materiality to justify granting severance.
• Gold Strike Stamp Co. v. Christensen
  436 F.2d 791· 10th Cir.· 1970-12-30 ·cited 24×
  The court held that the district court did not abuse its discretion in finding a class action appropriate and in approving the notice to class members.
• United States v. Carlson
  423 F.2d 431· 9th Cir.· 1970-02-02 ·cited 24×
  The court held that the trial court did not abuse its discretion in refusing to bifurcate the insanity defense, nor did it err in striking the testimony related to that defense. The court also found no reversible error in the admission of a tape recording, the curtailment of cros
• United States v. Cartano
  420 F.2d 362· 1st Cir.· 1970-01-12 ·cited 24×
  The court held that the defendant's speedy trial rights were not violated and that the admission of autopsy slides and denial of an unsworn statement were proper.
• Rice v. United States
  420 F.2d 863· 5th Cir.· 1969-12-03 ·cited 24×
  A guilty plea waives prior non-jurisdictional defects, including claims of mental incompetency at arraignment and inadequate counsel, if the plea was voluntarily and understandingly made. The court did not abuse its discretion in refusing a psychiatric examination based on the ev
• Kershaw v. Sterling Drug, Inc.
  415 F.2d 1009· 5th Cir.· 1969-08-15 ·cited 24×
  The court held that the trial court did not err in admitting medical journal articles, consolidating cases, admitting mortality tables, or denying a remittitur, and that the statute of limitations was not a bar to the suit.
• Baggett Transp. Co. v. Hughes Transp., Inc.
  393 F.2d 710· 8th Cir.· 1968-04-30 ·cited 24×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in granting a temporary injunction, as it had jurisdiction under 49 U.S.C.A. § 322(b)(2) and the circumstances warranted such relief despite a pending review action in another district court.
• Hawkins v. State
  206 So. 2d 5· Fla.· 1968-01-17 ·cited 24×
  Charles C. Hawkins appeals his conviction for first-degree murder and death sentence in connection with a service station robbery and killing. The Florida Supreme Court affirmed the conviction and sentence, finding sufficient evidence of Hawkins's guilt and no reversible error in
• Fletcher Smith, Jr. v. United States
  359 F.2d 243· D.C. Cir.· 1966-03-09 ·cited 24×
  The court held that the trial court did not err in giving a jury instruction allowing an inference of guilt from unexplained possession of a stolen vehicle, nor in allowing a rebuttal witness.
• Flett v. W. A. Alexander & Co.
  302 F.2d 321· 7th Cir.· 1962-04-24 ·cited 24×
  The district court did not abuse its discretion in denying the plaintiff's motion for relief under Rule 60(b) from a final judgment dismissing the action.
• Peckham v. Fam. Loan Co.
  262 F.2d 422· 5th Cir.· 1959-01-20 ·cited 24×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying continuances, refusing document production, disallowing a proposed experiment, or refusing oral argument.
• Harris v. Whiteman
  243 F.2d 563· 5th Cir.· 1957-04-26 ·cited 24×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not abuse its discretion in denying a new trial based on newly discovered evidence, as the evidence was not material to the lack of proven negligence.
• United States v. Panebianco
  208 F.2d 238· 2d Cir.· 1953-12-04 ·cited 24×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Hardy v. United States
  199 F.2d 704· 8th Cir.· 1952-11-10 ·cited 24×·via Abuse Of Discretion Standard On Appeal
  The admission of an exhibit for handwriting comparison, even if it incidentally reveals prior incarceration, is not an abuse of discretion if it is necessary to establish a material fact and does not render the trial unfair.
• SE Prop. Holdings, LLC v. Neverve LLC
  65 F.4th 1335· 11th Cir.· 2023-04-11 ·cited 23×
  SE Property Holdings obtained a deficiency judgment against Neverve after Neverve defaulted on secured loans, and then sued when Neverve transferred settlement proceeds to attorneys to pay the principal's personal bankruptcy fees rather than apply them to the judgment. The Eleven
• Smiley v. State
  295 So. 3d 156· Fla.· 2020-05-14 ·cited 23×
  Benjamin Davis Smiley Jr. was convicted of first-degree felony murder in the April 2013 shooting death of Clifford Drake during a planned robbery and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, finding substantial evidence supported the mur
• U.S. Bank Nat'l Ass'n v. Anthony-Irish
  204 So. 3d 57· Fla. 5th DCA· 2016-10-14 ·cited 23×
  U.S. Bank appealed the trial court's denial of its motion to vacate a final foreclosure judgment that had been subsequently vacated by the trial court itself. The Fifth District affirmed the denial, holding that U.S. Bank's motion was untimely under Rule 1.540(b) and that the tri
• Henry v. Henry
  191 So. 3d 995· Fla. 4th DCA· 2016-05-18 ·cited 23×
  In this family law appeal, the Fourth District Court of Appeal reviewed a final judgment of dissolution of marriage and found multiple computational errors affecting child support, alimony, and attorney's fees awards. The court reversed and remanded for recalculation using correc
• Bonafide Props. Only Under 14329 Vill. View Dr Land Tr. v. Wells Fargo Bank
  198 So. 3d 694· Fla. 2d DCA· 2016-01-13 ·cited 23×
  A purchaser of property acquired during a pending foreclosure action in which a lis pendens has been filed is not entitled to intervene in that foreclosure action.
• Baan v. Columbia Cnty.
  180 So. 3d 1127· Fla. 1st DCA· 2015-12-08 ·cited 23×
  In this medical malpractice case arising from an infant's death, the Florida First District Court of Appeal reversed a summary judgment for EMS based on the trial court's erroneous exclusion of expert testimony. The court held that the expert's opinions regarding the standard of
• Brinson v. State
  153 So. 3d 972· Fla. 5th DCA· 2015-01-02 ·cited 23×
  Andre Brinson was convicted of felony battery following a jury trial. The Florida Fifth District Court of Appeal reversed and remanded for a new trial, finding that the cumulative effect of the prosecutor's improper comments during opening statements and closing arguments—includi
• Yang v. Sebastian Lakes Condo. Ass'n, Inc.
  123 So. 3d 617· Fla. 4th DCA· 2013-08-28 ·cited 23×
  This case concerns the admissibility of account ledgers in a condominium foreclosure action under Florida's business records exception. The court reversed the trial court's foreclosure judgment, holding that the Association failed to establish a proper foundation for admitting ac
• Addie v. Onyx Coale
  120 So. 3d 44· Fla. 4th DCA· 2013-07-24 ·cited 23×
  The court held that the trial court abused its discretion in denying alimony and erred in calculating child support due to insufficient evidence of income. However, the denial of attorney's fees was not an abuse of discretion.
• Hernandez v. State
  117 So. 3d 778· Fla. 3d DCA· 2013-03-20 ·cited 23×
  A fourteen-year-old Michael Hernandez was convicted of first-degree murder and attempted first-degree murder. The Third District Court of Appeal affirmed his convictions but vacated his mandatory life-without-parole sentence as unconstitutional under Miller v. Alabama, which proh
• Rami Zvida v. Sigalit Zvida
  103 So. 3d 1052· Fla. 4th DCA· 2013-01-09 ·cited 23×
  The court held that the trial court erred by failing to make specific evidentiary findings regarding the availability and cost of life insurance, the obligor's ability to pay, and special circumstances warranting the insurance requirement, and by including a depleted asset in equ
• Rolls-Royce, Inc. v. Garcia
  77 So. 3d 855· Fla. 3d DCA· 2012-01-18 ·cited 23×
  Rolls-Royce and other helicopter component manufacturers appealed the denial of their motion to dismiss a negligence action based on forum non conveniens. The Third District Court of Appeal reversed, finding that Florida had no meaningful connection to the case and that Mexico wa
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• Hollywood Towers Condo. Ass'n, Inc. v. Hampton
  40 So. 3d 784· Fla. 4th DCA· 2010-06-23 ·cited 23×
  The Florida Fourth District Court of Appeal reversed a trial court's denial of injunctive relief sought by a condominium association to access a unit owner's condominium to repair structural damage to her balcony. The court adopted a deferential standard of review for condominium
• Marc J. Philippon, M.D. v. Shreffler
  33 So. 3d 704· Fla. 4th DCA· 2010-03-17 ·cited 23×
  In this medical malpractice action, Dr. Philippon and Holy Cross Hospital appealed a jury verdict finding them liable for negligent hip arthroscopy surgery performed on Katie Shreffler. The appellate court affirmed the judgment, rejecting the appellants' challenges to the trial c
• McGEE v. State
  19 So. 3d 1074· Fla. 4th DCA· 2009-10-07 ·cited 23×
  Bobby McGee was convicted of two counts of unlawful sexual activity with a minor after a second trial. He appeals on four grounds: insufficient evidence as to the date of one offense, denial of severance of the two counts, admission of other sexual activity evidence, and denial o
• Allstate Prop. & Cas. Ins. Co. v. Ebby W. Lewis
  14 So. 3d 1230· Fla. 1st DCA· 2009-06-30 ·cited 23×
  Allstate appeals a trial court's order granting a new trial in an uninsured motorist coverage dispute, arguing the court improperly excluded expert testimony and failed to apply the correct legal standard for evaluating prejudice from expert testimony. The appellate court reverse
• Glantz & Glantz, P.A. v. Chinchilla
  17 So. 3d 711· Fla. 4th DCA· 2009-06-03 ·cited 23×
  A law firm appeals the trial court's award of attorney's fees for probate estate representation through a prepaid legal services program. The trial court reduced the expert-determined reasonable fee of $13,500 by 51%, but the appellate court held this was an abuse of discretion b
• Ingrid BON v. Nestor A. Rivera
  10 So. 3d 193· Fla. 4th DCA· 2009-04-08 ·cited 23×
  The court held that a trial court errs in modifying custody without a proper pleading and finding of a substantial change in circumstances.
• Rosado v. State
  1 So. 3d 1147· Fla. 4th DCA· 2009-01-21 ·cited 23×
  Elias Rosado, an indigent defendant represented by court-appointed counsel, filed a pro se petition for writ of mandamus seeking copies of case file documentation to prepare post-conviction relief. The trial court denied the petition, but the appellate court reversed, holding tha
• Sims v. State
  998 So. 2d 494· Fla.· 2008-09-25 ·cited 23×
  The Florida Supreme Court quashed the Fifth District's decision affirming victim-injury points imposed in a leaving-the-scene-of-an-accident-resulting-in-death conviction, holding that victim-injury points require a causal connection between the underlying offense and the victim'