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

• Myron Lee Murray v. Murray
  598 So. 2d 310· Fla. 2d DCA· 1992-05-22 ·cited 22×
  The court held that the trial court erred in awarding permanent periodic alimony and attorney's fees, but affirmed other aspects of the final judgment.
• Ayuda, Inc. v. Thornburgh
  948 F.2d 742· D.C. Cir.· 1991-11-05 ·cited 22×
  The court held that the district court lacked subject matter jurisdiction to hear claims challenging the INS' administration of IRCA, as such challenges must be brought through the statutory administrative and judicial review process, typically in the courts of appeals.
• Fredrick Thomas v. Janell Thomas
  589 So. 2d 944· Fla. 1st DCA· 1991-10-21 ·cited 22×
  Fredrick Thomas appealed an order denying his second petition for modification of child support, arguing the trial court abused its discretion by relying on a post-hearing deposition taken without proper notice and without finding a substantial change in circumstances. The appell
• United States v. Dunn
  946 F.2d 615· 9th Cir.· 1991-06-10 ·cited 22×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that evidence of drug dealing was relevant to motive and corroboration, and that the district court did not abuse its discretion in admitting or excluding certain evidence. The court also affirmed the sentence enhancement for prior violent felonies and the classifi
• United States v. Blair William Guthrie
  931 F.2d 564· 9th Cir.· 1991-04-25 ·cited 22×
  The court held that the district court erred by not respecting a state court's vacation of a prior conviction for sentencing purposes under the Guidelines, but affirmed the conviction and other rulings.
• United States v. Feinman
  930 F.2d 495· 6th Cir.· 1991-04-15 ·cited 22×
  The court held that the district court erred in departing upward from the defendant's criminal history category based on factors already accounted for in the Sentencing Guidelines.
• United States v. Calixtro Torres-Rodriguez
  930 F.2d 1375· 9th Cir.· 1991-04-04 ·cited 22×
  The court held that the trial court abused its discretion by denying a motion for substitute counsel without inquiry, warranting reversal of the conviction. It also held that the denial of a continuance due to a superseding indictment prejudiced the defendant, requiring reversal
• United States v. Sanders
  929 F.2d 1466· 10th Cir.· 1991-03-19 ·cited 22×
  The court held that the evidence was insufficient to support the money laundering convictions, requiring reversal of those and related RICO convictions, but affirmed the drug conspiracy conviction and sentencing.
• Wolff v. Wolff
  576 So. 2d 852· Fla. 1st DCA· 1991-03-18 ·cited 22×
  In this dissolution of marriage appeal, the former wife challenged both the trial court's award of custody to the former husband and its award of rehabilitative alimony instead of permanent periodic alimony. The court affirmed the custody designation but reversed the alimony awar
• Davis v. Mason Cnty.
  927 F.2d 1473· 9th Cir.· 1991-03-12 ·cited 22×
  The court held that the sheriff is not the final policymaker for deputy training under Washington law, and the jury instructions on municipal liability did not meet the deliberate indifference standard required by Canton v. Harris.
• United States v. van Dorn
  925 F.2d 1331· 11th Cir.· 1991-03-11 ·cited 22×
  The court held that the district court did not abuse its discretion in restricting cross-examination of a government witness regarding his prior drug prosecution and alleged threats, nor in admitting testimony about a defendant's affiliation with the Gambino crime family and expe
• Velazquez-Rivera v. Sea-Land Serv., Inc.
  920 F.2d 1072· 1st Cir.· 1990-12-18 ·cited 22×
  The court held that dismissal of the action was an excessive sanction for the attorney's inadvertent failure to appear at a pretrial conference, constituting an abuse of discretion.
• United States v. Millard P. Chambers
  918 F.2d 1455· 9th Cir.· 1990-11-20 ·cited 22×
  The court held that the evidence was sufficient to support the jury's verdict of possession with intent to distribute, and that the trial court did not err in its jury instructions, nor was there ineffective assistance of counsel or an abuse of discretion in admitting photographs
• United States v. Caudill
  915 F.2d 294· 7th Cir.· 1990-10-04 ·cited 22×
  The court held that there was sufficient evidence to support the convictions and that the district court did not abuse its discretion in admitting the late-disclosed tape recording or denying the severance motion.
• Nat'l Org. FOR Women v. Operation Rescue
  914 F.2d 582· 4th Cir.· 1990-09-19 ·cited 22×·via Abuse Of Discretion Standard For Injunctions
  The court held that the defendants' blockading of abortion facilities violated 42 U.S.C. § 1985(3) by infringing on women's right to travel and affirmed the district court's grant of a permanent injunction.
• Reddy v. Litton Indus., Inc.
  912 F.2d 291· 9th Cir.· 1990-08-16 ·cited 22×·via Abuse Of Discretion Standard For Denying Leave To Amend
  An employee wrongfully terminated for refusing to participate in or report alleged racketeering activity lacks standing to sue under RICO because the injury suffered is the termination itself, not the predicate acts of racketeering.
• United States v. Garcia
  909 F.2d 1346· 9th Cir.· 1990-07-31 ·cited 22×
  The court held that a defendant cannot withdraw a guilty plea based solely on counsel's erroneous sentencing prediction, and that sentence enhancement for a co-conspirator's weapon possession is appropriate if reasonably foreseeable.
• Cnty. OF Suffolk v. Long Island Lighting Co.
  907 F.2d 1295· 2d Cir.· 1990-06-29 ·cited 22×
  The court held that a district court may, in its discretion, allow a party to opt out of a Rule 23(b)(1)(B) class action, and that RICO applies to state-regulated public utilities.
• O'Dell v. Hercules Inc.
  904 F.2d 1194· 8th Cir.· 1990-05-10 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying a new trial, affirming the jury's verdict for Hercules.
• Leilani Exbom v. Central States
  900 F.2d 1138· 7th Cir.· 1990-04-27 ·cited 22×
  The court held that the Trustees' denial of benefits was not arbitrary and capricious, and thus the district court's grant of summary judgment for the defendant was correct.
• United States v. Bull
  901 F.2d 647· 8th Cir.· 1990-04-09 ·cited 22×
  A threat constitutes a crime of violence under Sentencing Guideline § 4B1.1 if it has as an element the threatened use of physical force, regardless of the perpetrator's contemporaneous ability to carry out the threat. The extent of a downward departure is not appealable.
• Bertice D. Fisher v. Metro. Life Ins. Co.
  895 F.2d 1073· 5th Cir.· 1990-03-09 ·cited 22×
  The court affirmed the district court's decision, holding that ERISA preempted the plaintiff's claims and that the district court did not abuse its discretion in denying discovery or refusing to allow amendment of the complaint.
• United States v. Dougherty
  895 F.2d 399· 7th Cir.· 1990-02-08 ·cited 22×·via Abuse Of Discretion Standard For Continuance
  A jury verdict of guilty constitutes a conviction under 18 U.S.C. § 1202(a)(1), and failure to renew an objection to conditionally admitted evidence waives appellate review.
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• United States v. Marsh
  894 F.2d 1035· 9th Cir.· 1989-08-31 ·cited 22×
  The court held that the district court did not abuse its discretion in admitting evidence, denying continuances or severance, or in its jury instructions and sentencing, affirming the convictions.
• Adella D. Gray v. Univ. OF Ark. AT Fayetteville & the Bd. of Trs. of the Univ. of Ark.
  883 F.2d 1394· 8th Cir.· 1989-08-25 ·cited 22×
  The court held that the district court erred in its application of legal standards and factual findings regarding gender discrimination. The case should be reversed and remanded for determination of appropriate relief for the plaintiff.
• Cummins Ala., Inc. v. Allbritten
  548 So. 2d 258· Fla. 1st DCA· 1989-07-21 ·cited 22×
  Cummins Alabama appeals from a trial court order granting appellees' motion for new trial after a jury verdict in Cummins's favor regarding a vessel fire. The court reverses the new trial order, holding the motion was timely filed despite being served the Monday after Thanksgivin
• United States v. Berryhill
  880 F.2d 275· 10th Cir.· 1989-07-20 ·cited 22×
  The court held that a prior panel decision on sentencing is binding precedent and cannot be overruled by a subsequent panel, and that the trial court did not err in its voir dire, denial of a mistrial, or suppression of identification evidence.
• Kelley v. Commissioner OF Internal Revenue
  877 F.2d 756· 9th Cir.· 1989-06-07 ·cited 22×
  The IRS may not adjust a shareholder's return based on an S corporation's return after the statute of limitations has run on the S corporation's return. The Tax Court abused its discretion by denying leave to amend the petition to raise the issue of income averaging.
• Valladares v. United States
  871 F.2d 1564· 11th Cir.· 1989-05-05 ·cited 22×
  The court held that the appellant's understanding of the trial and the assistance of his counsel were adequate, despite challenges to the interpreter's performance.
• United States v. Holguin
  868 F.2d 201· 7th Cir.· 1989-02-15 ·cited 22×
  The court granted the government's petition for rehearing, affirming the defendant's conviction under the continuing criminal enterprise statute and his sentence, finding sufficient evidence and rejecting sentencing challenges.
• Parke-Chapley Constr. Co. v. Cherrington
  865 F.2d 907· 7th Cir.· 1989-01-23 ·cited 22×
  The court held that the plaintiff's failure to file a timely notice of appeal deprived the court of jurisdiction, and the district court did not abuse its discretion in denying an extension of time to appeal.
• Maldonado-Perez v. Immigr. & Naturalization Serv.
  865 F.2d 328· D.C. Cir.· 1989-01-10 ·cited 22×
  The court held that denying an alien a reasonable opportunity to present his asylum case, by simultaneously denying a change of venue and a continuance, and ordering deportation in absentia, was an abuse of discretion.
• Nilsson v. Louisiana Hydrolec
  854 F.2d 1538· 9th Cir.· 1988-08-23 ·cited 22×
  The court held that summary judgment was appropriate due to the defendants' failure to provide specific facts opposing the motion, and that the imposition of sanctions, including default judgment and dismissal of counterclaims, was justified by their willful disregard of discover
• Mitchell v. LOS Angeles Cmty. Coll. Dist.
  861 F.2d 198· 9th Cir.· 1988-08-17 ·cited 22×
  The court held that the district court properly granted summary judgment, affirming that the appellant's claims were time-barred or barred by Eleventh Amendment immunity.
• Quesada v. Thomason
  850 F.2d 537· 9th Cir.· 1988-06-23 ·cited 22×
  A district court cannot reduce a statutory attorney fee award below the lodestar amount based on the existence of a contingent-fee agreement or the simplicity of the case's issues.
• Borowski v. DePUY, Inc.
  850 F.2d 297· 7th Cir.· 1988-06-17 ·cited 22×
  The court affirmed summary judgment for defendants and sanctions against plaintiff's counsel, finding the appeal frivolous and counsel's conduct unprofessional and misleading.
• Smith Int'l, Inc. v. Tex. Commerce Bank
  844 F.2d 1193· 5th Cir.· 1988-05-18 ·cited 22×
  The court held that the district court abused its discretion by imposing sanctions under Rule 11, as the plaintiffs' argument that the promissory notes constituted securities, though ultimately incorrect, was based on a plausible, albeit flawed, interpretation of existing law and
• United States v. Rivera-Medina
  845 F.2d 12· 1st Cir.· 1988-04-22 ·cited 22×
  The court held that there was sufficient evidence to convict the appellant of Hobbs Act violations and that the district court did not err in admitting evidence of other crimes or the witnesses' prior convictions.
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Collins v. Collins
  519 So. 2d 729· Fla. 2d DCA· 1988-02-05 ·cited 22×
  The trial court properly denied the husband's motion to set aside a default judgment of dissolution of marriage because he failed to submit affidavits or sworn statements establishing excusable neglect and a meritorious defense.
• Cupit v. James "Sonny" Jones
  835 F.2d 82· 5th Cir.· 1987-12-24 ·cited 22×
  The court held that the district court properly granted summary judgment for prison officials, as the plaintiff failed to demonstrate deliberate indifference to his serious medical needs or punitive conditions of confinement.
• M.E.N. Co. v. Control Fluidics, Inc.
  834 F.2d 869· 10th Cir.· 1987-12-03 ·cited 22×
  The court held that a default judgment is a harsh sanction requiring findings of willfulness, bad faith, or fault by the party, and that the district court erred by not making specific findings on the defendants' personal fault and by not explicitly considering sanctions against
• Eldridge v. Block
  832 F.2d 1132· 9th Cir.· 1987-11-17 ·cited 22×
  The court held that the district court abused its discretion by denying the pro se prisoner's timely request for an extension to file an amended complaint, especially when the prisoner lacked access to the necessary local rules, and thus the subsequent dismissal was also an abuse
• United States v. Page
  828 F.2d 1476· 10th Cir.· 1987-09-11 ·cited 22×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on witness recantation, withheld evidence, or the judge's failure to recuse.
• United States v. Conners
  825 F.2d 1384· 9th Cir.· 1987-08-24 ·cited 22×
  The court held that the district court did not abuse its discretion in admitting the deposition of an unavailable witness, admitting evidence of cocaine involvement for motive, denying a severance, or admitting evidence of overt acts.
• Hull v. Eaton Corp.
  825 F.2d 448· D.C. Cir.· 1987-08-04 ·cited 22×·via Abuse Of Discretion (Appellate Review)
  The court held that the district court did not abuse its discretion in imposing a discovery sanction precluding expert testimony, and properly granted summary judgment as plaintiffs could not establish essential elements of their claims without it.
• Mohamed A. Ibrahim v. U.S. Immigr. & Naturalization Serv.
  821 F.2d 1547· 11th Cir.· 1987-07-20 ·cited 22×
  The court held that it lacks jurisdiction to review the denial of a section 212(e) waiver but has jurisdiction to review the denial of a motion to reopen deportation proceedings for abuse of discretion.
• Janikowski v. Bendix Corp.
  823 F.2d 945· 6th Cir.· 1987-07-09 ·cited 22×
  The court held that the trial judge did not abuse his discretion in denying the plaintiff's motion to amend the complaint to add a new cause of action.
• Transwestern Pipeline Co. v. Fed. Energy Regulatory Comm'n
  820 F.2d 733· 5th Cir.· 1987-07-07 ·cited 22×
  The court affirmed the Federal Energy Regulatory Commission's (FERC) decision to eliminate Transwestern Pipeline Company's fixed-cost minimum bills, finding the practice constituted an unreasonable restraint of trade and was not justified.