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

• United States v. Lambert
  695 F.2d 536· 11th Cir.· 1983-01-14 ·cited 93×
  The court affirmed the denial of a preliminary injunction, finding the government failed to demonstrate irreparable harm, which is a prerequisite for such relief.
• Johnson v. The State OF Miss.
  606 F.2d 635· 5th Cir.· 1979-11-16 ·cited 93×
  The court held that attorney's fees are awardable for time spent litigating the fee claim and for work performed on appeals, but the district court improperly excluded time spent reviewing defendants' fee objection.
• Save OUR TEN Acres v. Rod Kreger
  472 F.2d 463· 5th Cir.· 1973-01-16 ·cited 93×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the agency's threshold determination not to file an Environmental Impact Statement under NEPA should be reviewed under a more searching standard than arbitrary and capricious, requiring a determination of whether the project would materially degrade environmen
• Peede v. State
  955 So. 2d 480· Fla.· 2007-01-11 ·cited 92×
  Robert Peede appeals the denial of his postconviction motion to vacate his first-degree murder conviction and death sentence for killing his estranged wife Darla, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denials, rejecting cla
• Branch v. State
  685 So. 2d 1250· Fla.· 1996-11-21 ·cited 92×·via Abuse Of Discretion Standard For Continuance
  Eric Scott Branch appeals his death sentence for the brutal murder, sexual assault, and robbery of Susan Morris, a college student. The Florida Supreme Court affirms the conviction and death penalty, finding the trial court did not abuse its discretion on procedural matters and t
• Scheib v. Williams-McWILLIAMS Co., Inc.
  628 F.2d 509· 5th Cir.· 1980-10-22 ·cited 92×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in excluding certain evidence or in its jury instructions, and the jury verdict was supported by evidence.
• August Tom Rizzo v. United States
  304 F.2d 810· 8th Cir.· 1962-06-26 ·cited 92×
  The court held that the trial court did not abuse its discretion in denying motions for separate trials, continuances, or mistrials based on pretrial publicity, and that jurors are presumed to follow instructions regarding media consumption.
• Schoeff v. R.J. Reynolds Tobacco Co.
  232 So. 3d 294· Fla.· 2017-12-14 ·cited 91×
  The Florida Supreme Court held that the comparative fault statute does not apply to reduce compensatory damages in Engle tobacco progeny cases when the jury finds for the plaintiff on intentional tort claims. The court also upheld a $30 million punitive damages award as constitut
• Savage v. State
  120 So. 3d 619· Fla. 2d DCA· 2013-08-30 ·cited 91×
  Harry Savage appeals the revocation of his sex offender probation and resulting twenty-year prison sentence, arguing his contact with a child was not a willful and substantial violation. The court affirmed the revocation, finding competent substantial evidence supported the trial
• United States v. Acosta-Cazares
  878 F.2d 945· 6th Cir.· 1989-07-07 ·cited 91×
  The court affirmed the jury convictions, holding that the district court did not abuse its discretion in admitting prior bad acts evidence, properly denied the motion for acquittal on the firearm charge, and correctly applied the sentencing guidelines for obstruction of justice.
• The Chitimacha Tribe OF La. v. Harry L. Laws Co., Inc.
  690 F.2d 1157· 5th Cir.· 1982-11-05 ·cited 91×
  The court held that the district court did not err in denying the motion to disqualify Judge Davis, nor in granting summary judgment for the defendants on the title claim.
• Payne v. Travenol Labs., Inc.
  673 F.2d 798· 5th Cir.· 1982-04-22 ·cited 91×
  The court held that the district court erred in excluding black males from the plaintiff class without notice and in denying them relief after finding they were victims of discrimination.
• Schreiber Distrib. Co. v. Serv-Well Furniture Co., Inc.
  806 F.2d 1393· 9th Cir.· 1986-12-24 ·cited 90×
  The court held that a corporation can be both the RICO 'person' and 'enterprise' under sections 1962(a) and (b) if it is the beneficiary of the racketeering activity. It also held that dismissal with prejudice without leave to amend was an abuse of discretion.
• United States v. Liefer
  778 F.2d 1236· 7th Cir.· 1985-12-04 ·cited 90×
  The court held that evidence of prior bad acts is admissible under Fed.R.Evid. 404(b) to prove specific intent, an essential element of the crime, even if the defendant denies committing the act itself. The court also held that prosecutorial misconduct and the denial of a lesser
• In re The Home Depot Inc. v. Home Depot
  931 F.3d 1065· 11th Cir.· 2019-07-25 ·cited 89×
  Banks that issued compromised payment cards from a massive 2014 Home Depot data breach sued Home Depot for their losses, and the parties settled with Home Depot agreeing to pay a $25 million settlement fund to the class plus separately-negotiated attorney's fees. The Eleventh Cir
• ED Ricke & Sons, Inc. v. Green
  468 So. 2d 908· Fla.· 1985-03-28 ·cited 89×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a party waives appellate review of a mistrial motion by requesting the trial court reserve ruling until after jury deliberation. The Court held that such a request does not constitute a waiver
• Donovan v. Loran W. Robbins
  752 F.2d 1170· 7th Cir.· 1985-01-03 ·cited 89×
  The court held that the district court erred in not approving the settlement agreement because ERISA permits equitable contribution among co-trustees, and the comparative fault rule discussed by the majority is inapplicable and unnecessary dicta.
• United States v. Laurence John Layton
  720 F.2d 548· 9th Cir.· 1983-08-10 ·cited 89×
  The court held that the district court erred in excluding certain pre-arrival statements by Jim Jones under the co-conspirator exception to the hearsay rule, and that the government's appeal of the exclusion order was properly before the court.
• State OF Ill. v. Sangamo Constr. Co. & J. L. Simmons Co., Inc.
  657 F.2d 855· 7th Cir.· 1981-07-30 ·cited 89×
  The court held that a state represented by its Attorney General is entitled to recover reasonable attorneys' fees under Section 4 of the Clayton Act, calculated at prevailing market rates, and that expert witness fees are limited to statutory witness fees.
• United States v. Alessio
  528 F.2d 1079· 9th Cir.· 1976-01-14 ·cited 89×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the government's refusal to seek immunity for defense witnesses did not deny the defendant due process, and the evidence was sufficient to support the conviction.
• Matera v. State
  218 So. 2d 180· Fla. 3d DCA· 1969-01-21 ·cited 89×·via Abuse Of Discretion Standard For Continuance
  John Matera and Gennero Galtieri were convicted by jury of robbery at Harbor Island Spa and appealed on six grounds, including denial of continuances, jury qualifications, witness impeachment, and sufficiency of evidence on ownership and asportation. The appellate court affirmed
• McMillan v. Nelson
  5 So. 2d 867· Fla.· 1942-01-16 ·cited 89×·via Abuse Of Discretion Standard For New Trial Motions
  The Florida Supreme Court affirmed a trial court's grant of a new trial in a guest passenger negligence case, holding that the trial verdict for the plaintiff was not supported by a preponderance of evidence regarding gross negligence, and rejecting the plaintiff's constitutional
• Johnston v. State
  63 So. 3d 730· Fla.· 2011-03-24 ·cited 88×
  Ray Lamar Johnston appeals the denial of his Rule 3.851 postconviction motion and habeas petition challenging his 1997 death sentence for the murder, kidnapping, robbery, sexual battery, and burglary of Leanne Coryell. The Florida Supreme Court affirmed the trial court's denial o
• Tanzi v. State
  964 So. 2d 106· Fla.· 2007-05-10 ·cited 88×
  Michael Tanzi was convicted of first-degree murder and sentenced to death for kidnapping, robbing, sexually assaulting, and strangling Janet Acosta in April 2000. The Florida Supreme Court affirmed his conviction and death sentence, rejecting six appellate claims including challe
• Olen Clay Gorby v. State
  630 So. 2d 544· Fla.· 1993-12-09 ·cited 88×
  Olen Gorby was convicted of first-degree murder and sentenced to death for killing a disabled victim during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Gorby's challenges to trial procedure, evidence admission, jury instructions
• United States v. Zapata
  871 F.2d 616· 7th Cir.· 1989-02-24 ·cited 88×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting evidence of a prior drug transaction, refusing to strike testimony after a witness invoked the Fifth Amendment, or admitting hotel registration records. Any error in the jury instruction regarding pr
• Nichols v. Nichols
  519 So. 2d 620· Fla.· 1988-02-04 ·cited 88×
  A trial court applying the same standard for temporary and final attorney's fees in dissolution proceedings may award temporary fees to an impecunious spouse even where that spouse appeared at the fee hearing with counsel, since the ability to pay for legal representation, not th
• United States v. Downing
  753 F.2d 1224· 3d Cir.· 1985-01-25 ·cited 88×
  The court held that expert testimony concerning the reliability of eyewitness identifications can be admissible under Fed.R.Evid. 702 if it meets the helpfulness standard and survives preliminary scrutiny. The district court erred in excluding such testimony outright.
• Anderson v. AIR West
  542 F.2d 522· 9th Cir.· 1976-09-22 ·cited 88×
  The court held that the district judge did not abuse his discretion in dismissing the plaintiff's complaint with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute with reasonable diligence.
• Nelson v. United States
  415 F.2d 483· 5th Cir.· 1969-09-08 ·cited 88×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was sufficient to support a conspiracy conviction, and that the trial court did not err in its rulings on severance, jury instructions, or the denial of a new trial.
• United States v. Benny
  786 F.2d 1410· 9th Cir.· 1986-04-15 ·cited 87×
  The court held that a sole proprietorship can be an 'enterprise' under RICO, even if the proprietor is the sole individual involved, provided there are employees or associates, and that the district court did not err in its jury instructions or evidentiary rulings.
• Am. Hosp. Supply Corp. & Am. v. Mueller
  780 F.2d 589· 7th Cir.· 1986-01-02 ·cited 87×
  The court affirmed the preliminary injunction, finding that the distributor demonstrated a threat of irreparable harm due to the supplier's insolvency and that the district court properly balanced the harms.
• United States v. Harrell
  737 F.2d 971· 11th Cir.· 1984-07-30 ·cited 87×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was insufficient to support Hawkins' conviction on the Travel Act charge (Count Three), reversing that conviction, but affirmed all other convictions and rulings.
• ACS Hosp. Sys., Inc. v. Montefiore Hosp. & Wells Nat'l Servs. Corp.
  732 F.2d 1572· Fed. Cir.· 1984-04-27 ·cited 87×
  The court held that the patent was not invalid as obvious and was not infringed, but reversed the district court's invalidity finding. The denial of attorney fees was affirmed.
• United States v. Deral Gene Holman
  680 F.2d 1340· 11th Cir.· 1982-07-22 ·cited 87×
  The court held that the trial judge did not abuse his discretion in conducting the voir dire, admitting evidence of prior similar acts, or limiting cross-examination, as the procedures followed and evidence admitted were permissible under the Federal Rules of Evidence and relevan
• United States v. Crawford
  581 F.2d 489· 5th Cir.· 1978-10-05 ·cited 87×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court abused its discretion by denying severance when defendants presented mutually exclusive and irreconcilable defenses, leading to prejudice.
• Natural Res. Def. Council, Inc. v. Callaway
  524 F.2d 79· 2d Cir.· 1975-09-09 ·cited 87×
  The dissenting judge would affirm the lower court's decision regarding the adequacy of the Environmental Impact Statement (EIS) and reverse the majority's grant of injunctive relief.
• Leonard J. Klay, M.D. v. Humana, Inc.
  382 F.3d 1241· 11th Cir.· 2004-09-01 ·cited 86×
  The Eleventh Circuit affirmed the district court's certification of federal RICO claims for class action treatment, finding that common issues of law and fact predominate and that a class action is the superior method of adjudication. However, the court reversed the certification
• Moore v. State
  820 So. 2d 199· Fla.· 2002-03-07 ·cited 86×
  Thomas James Moore, a death-sentenced inmate, appealed the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the hab
• Dilar S. Booker v. State
  514 So. 2d 1079· Fla.· 1987-09-24 ·cited 86×
  The Florida Supreme Court held that Chapter 86-273, which eliminated appellate review of the extent of departure from sentencing guidelines, violates the Ex Post Facto Clause when applied to crimes committed before its July 9, 1986 effective date, but does not violate separation
• Jules Link and Solomon Katz v. Mercedes-Benz OF N. Am., Inc.
  788 F.2d 918· 3d Cir.· 1986-04-16 ·cited 86×·via Abuse Of Discretion Standard For New Trial Motions
  The court affirmed the district court's judgment, finding no reversible error in the jury verdict or evidentiary rulings, except for a minor point regarding class composition.
• United States v. Soulard
  730 F.2d 1292· 9th Cir.· 1984-04-12 ·cited 86×
  The court held that the district court did not abuse its discretion in admitting evidence related to the bank deposits method, summary charts, comparison of gross receipts, or extrinsic actions, nor in its jury instructions.
• United States v. Kobrosky
  711 F.2d 449· 1st Cir.· 1983-07-05 ·cited 86×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the defendant's motions to withdraw his guilty plea, both before and after sentencing.
• Mosey Mfg. Co., Inc. v. Nat'l Labor Relations Bd.
  701 F.2d 610· 7th Cir.· 1983-02-18 ·cited 86×
  The court denied enforcement of the Board's order due to the Board's "on-again, off-again" shifting standards and the significant delay, allowing for a new election.
• Oburn v. Shapp
  521 F.2d 142· 3d Cir.· 1975-08-04 ·cited 86×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction sought by white applicants challenging the Pennsylvania State Police's minority hiring goals.
• LEA v. Cone Mills Corp.
  438 F.2d 86· 4th Cir.· 1971-01-29 ·cited 86×
  The court held that the district court did not abuse its discretion in refusing to award attorney fees to plaintiffs due to special circumstances, and that the Newman v. Piggie Park holding regarding attorney fees in Title II actions does not automatically apply to Title VII acti
• Aberson v. Atl. Coast Line R.R. Co.
  68 Fla. 196· Fla.· 1914-11-06 ·cited 86×
  This case clarifies the distinction between directing a verdict and granting a new trial. The appellate court affirmed the trial court's decision to grant a new trial, emphasizing the broader discretion afforded to trial judges in ensuring justice, even when a directed verdict mi
• United States v. Studley
  783 F.2d 934· 9th Cir.· 1986-02-26 ·cited 85×·via Abuse Of Discretion Standard For Continuance
  An illegal arrest or detention does not void a subsequent conviction, and a district court's denial of a continuance or jury lists, or a judge's recusal, will be affirmed if not an abuse of discretion or legally insufficient.
• United States v. Cruz
  478 F.2d 408· 5th Cir.· 1973-05-04 ·cited 85×·via Abuse Of Discretion Standard For Severance
  The court held that indictments based on hearsay are valid, destroyed notes do not violate the Jencks Act if not substantially verbatim, and variance or joinder issues do not require reversal absent prejudice, especially in a bench trial.
• Russo v. Nolan Clark
  147 So. 2d 1· Fla.· 1962-04-04 ·cited 85×
  The Florida Supreme Court held that when a trial judge grants a motion for new trial based on a verdict being shockingly excessive, appellate courts should defer to the trial judge's determination and cannot simply reappraise the evidence to overturn such a decision. The court qu