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

• Sec. & Exch. Comm'n v. The Seaboard Corp.
  666 F.2d 414· 9th Cir.· 1982-01-25 ·cited 22×
  The court held that a default judgment entered solely for failure to pay monetary sanctions, without a corresponding failure to produce evidence, is void for want of jurisdiction and must be set aside under Rule 60(b)(4).
• Willeva Lindsey v. Miss. Research & Dev. Ctr.
  652 F.2d 488· 5th Cir.· 1981-08-03 ·cited 22×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the plaintiff failed to establish a prima facie case of discrimination or pretext, and her First Amendment claims lacked merit, thus affirming the trial court's decision.
• Automated Datatron, Inc. v. Woodcock
  659 F.2d 1168· D.C. Cir.· 1981-07-08 ·cited 22×
  The court held that the district court did not abuse its discretion in dismissing a counterclaim count for failure to join a necessary party, as the defendant had ample opportunity and failed to comply with court orders.
• United States v. Dennis
  645 F.2d 517· 5th Cir.· 1981-05-22 ·cited 22×
  Joinder was proper for Dennis, but prejudicial for Terebecki, who was denied a fair trial by not being able to present crucial exculpatory testimony from Dennis.
• Wilson v. Thompson
  638 F.2d 801· 5th Cir.· 1981-03-02 ·cited 22×
  The court held that the district court did not abuse its discretion in denying a Rule 60(b) motion for relief from an injunction denial, as the newly discovered evidence was cumulative and did not demonstrate fraud.
• Ann Marie Staib and her husband v. Ferrari, Inc.
  391 So. 2d 295· Fla. 3d DCA· 1980-12-09 ·cited 22×
  The appellate court affirmed the trial court's order granting a new trial, finding no abuse of discretion.
• Fed. Prescription Serv., Inc. v. Am. Pharm. Ass'n
  636 F.2d 755· D.C. Cir.· 1980-11-24 ·cited 22×
  A district court has the discretion to grant an unsecured stay of a money judgment pending appeal, even if the appellant does not post a supersedeas bond, provided the court finds sufficient cause and it does not unduly endanger the judgment creditor's interest.
• Chandler Supply Co. v. GAF Corp.
  650 F.2d 983· 9th Cir.· 1980-08-08 ·cited 22×
  The court held that the district court did not abuse its discretion in denying an untimely jury trial motion and that its findings regarding contract termination, antitrust violations, and inventory valuation were not clearly erroneous.
• Adoption HOT Line, Inc. v. State
  385 So. 2d 682· Fla. 3d DCA· 1980-06-10 ·cited 22×
  A trial court properly exercises its discretion in granting a temporary injunction against an allegedly unlicensed child-placing agency where there is a demonstrated probability of irreparable injury to the public from potential black-market baby placements and improper child pla
• Manning v. Trs. OF Tufts Coll.
  613 F.2d 1200· 1st Cir.· 1980-01-30 ·cited 22×
  The court affirmed the denial of a preliminary injunction and the denial of a motion to vacate judgment, finding no abuse of discretion by the district court.
• United States v. Tercero
  640 F.2d 190· 9th Cir.· 1980-01-18 ·cited 22×
  The court held that the loss of photographs did not warrant reversal, the defendant's speedy trial rights were not violated, and the trial court did not abuse its discretion in refusing to rule in advance on the admissibility of prior convictions for impeachment.
• Ava K. Jones v. La. State BAR Ass'n
  602 F.2d 94· 5th Cir.· 1979-09-10 ·cited 22×
  The court held that the District Court did not abuse its discretion in dismissing the appellant's suit and holding her in contempt for repeated refusal to comply with discovery orders.
• Minn. Ass'n OF Health Care Facilities, Inc. v. Minn. Dep't OF Pubic Welf.
  602 F.2d 150· 8th Cir.· 1979-07-06 ·cited 22×
  The court affirmed the denial of preliminary injunctive relief, finding the nursing homes' likelihood of success on the merits was slim and the harm speculative.
• Montgomery v. Toxey E. Hall, M.D.
  592 F.2d 278· 5th Cir.· 1979-04-02 ·cited 22×
  A party seeking to vacate a judgment under Rule 60(b)(3) must show by clear and convincing evidence that the opposing party engaged in misconduct that prevented a fair presentation of the case.
• Alford v. Alford
  364 So. 2d 1255· Fla. 2d DCA· 1978-12-01 ·cited 22×
  In this dissolution of marriage appeal, the wife challenged the trial court's award of insufficient child support and denial of possession of the marital home. The appellate court found clear abuse of discretion and reversed, increasing child support and awarding the wife possess
• Keiko Asai v. Leonel J. Castillo
  593 F.2d 1222· D.C. Cir.· 1978-11-16 ·cited 22×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying motions to reopen deportation proceedings, and denied motions for costs and attorney's fees.
• United States v. Lane
  584 F.2d 60· 5th Cir.· 1978-11-13 ·cited 22×
  The court held that the trial court erred in refusing to sever the trials of the two defendants after one defendant was acquitted of the conspiracy charge, leading to prejudice for both defendants.
• Reynolds v. Nat'l Football League
  584 F.2d 280· 8th Cir.· 1978-09-27 ·cited 22×
  The court affirmed the district court's approval of a class action settlement, finding that the settlement was fair, reasonable, and adequate, and that the district court did not abuse its discretion in certifying the class or approving the notice.
• S. J. Groves & Sons Co. v. Int'l Bhd. OF Teamsters
  581 F.2d 1241· 7th Cir.· 1978-07-31 ·cited 22×
  The court held that the employer's jurisdiction under § 301 was not divested by the collective bargaining agreement's economic recourse provision, summary judgments for the employer on employee grievances were proper, and the judge's impartiality was not reasonably questioned des
• Henderson v. Fort Worth Indep. Sch. Dist.
  574 F.2d 1210· 5th Cir.· 1978-06-12 ·cited 22×
  The court held that the district court did not abuse its discretion in denying attorney's fees because special circumstances rendered an award unjust, given the school district's good-faith enforcement of a statutorily mandated, neutral qualification requirement.
• First Wis. Mortg. Tr. v. First Wis. Corp.
  571 F.2d 390· 7th Cir.· 1978-02-24 ·cited 22×
  The court held that the work product generated by disqualified counsel, which did not contain confidential information and was of a type that successor counsel could reproduce, should not be deemed unusable due to a per se rule. The court found that applying such a rule was arbit
• United States v. Sellers
  566 F.2d 884· 4th Cir.· 1977-11-30 ·cited 22×
  A judge must disqualify himself if his impartiality might reasonably be questioned, even if the victim is not a party and the judge has no direct financial interest in a party.
• United States v. Lewis
  565 F.2d 1248· 2d Cir.· 1977-11-21 ·cited 22×·via Abuse Of Discretion In Denying Continuance
  The court held that the photographic identification was not impermissibly suggestive, the identification testimony was admissible under Federal Rule of Evidence 801(d)(1)(C), the denial of a continuance was not an abuse of discretion, and the contempt conviction was proper.
• Nat'l Labor Relations Bd. v. Saint Francis Coll.
  562 F.2d 246· 3d Cir.· 1977-08-22 ·cited 22×
  The court held that the Board abused its discretion in excluding Franciscans from the faculty bargaining unit due to inadequate explanations and unsupported reasoning.
• Adnan Sadik Faddah and Laina Kaarina Faddah v. Immigr. & Naturalization Serv.
  553 F.2d 491· 5th Cir.· 1977-06-06 ·cited 22×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the Faddahs' motions to reopen deportation proceedings, as they failed to establish a prima facie case for relief under either section 245 or section 244.
• United States v. MacKey
  551 F.2d 967· 5th Cir.· 1977-05-05 ·cited 22×
  The court held that the trial court did not abuse its discretion by allowing the testimony of unindicted coconspirators who were not disclosed in response to a bill of particulars, as the defendants failed to demonstrate actual prejudice.
• Pease v. Peters
  550 F.2d 698· 1st Cir.· 1977-03-11 ·cited 22×
  The court held that the district court did not abuse its discretion in dismissing the case with prejudice for lack of prosecution.
• Jones v. Airport Rent-A-Car, Inc.
  342 So. 2d 104· Fla. 3d DCA· 1977-02-01 ·cited 22×
  Plaintiff Jones appealed a jury verdict finding no negligence against Airport Rent-A-Car and its driver King in a personal injury case. The appellate court affirmed, finding no abuse of discretion in denying the motion for new trial and holding that any error regarding the exclud
• Panior v. The Iberville Parish Sch. Bd.
  543 F.2d 1117· 5th Cir.· 1976-12-13 ·cited 22×
  The court held that the district judge abused discretion by awarding an insufficient amount of attorneys' fees, and remanded for a new determination.
• Fendler v. Westgate-California Corp.
  527 F.2d 1168· 9th Cir.· 1975-12-31 ·cited 22×
  The court held that the district court did not abuse its discretion in dismissing the third amended complaint with prejudice and denying class certification.
• Manchack v. S/S Overseas Progress
  524 F.2d 918· 5th Cir.· 1975-12-12 ·cited 22×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that a jury verdict with an evidentiary basis is not clearly erroneous, and the trial court did not abuse its discretion regarding evidence admissibility or judicial comments.
• Lefrak v. Arabian Am. OIL Co.
  527 F.2d 1136· 2d Cir.· 1975-12-12 ·cited 22×
  The court held that disqualification of counsel was not the appropriate remedy for alleged improper solicitation, especially when no existing clients were solicited and no taint on the pending litigation was established. The district court did not abuse its discretion in denying
• Siegel v. Zimmerman
  319 So. 2d 187· Fla. 3d DCA· 1975-09-02 ·cited 22×
  In this child support modification case, the Florida appellate court reversed the trial court's denial of the former wife's petition for increased child support, holding that the trial judge abused his discretion by improperly treating the parties' original agreement as a bar to
• Finley v. Parvin/Dohrmann Co., Inc.
  520 F.2d 386· 2d Cir.· 1975-08-06 ·cited 22×
  The court held that the district judge did not abuse his discretion in denying a motion to dismiss for lack of prosecution, considering the perceived ambiguities in the Individual Assignment System regarding how a plaintiff should proceed to trial.
• Nat'l Labor Relations Bd. v. S. Health Corp.
  514 F.2d 1121· 7th Cir.· 1975-05-02 ·cited 22×
  The court held that the National Labor Relations Board did not abuse its discretion in certifying a union after an election, despite alleged misrepresentations by the union, because the misrepresentations were not significant enough to impact the election outcome and the company
• Friedman v. Laurence Friedman
  307 So. 2d 926· Fla. 3d DCA· 1975-02-11 ·cited 22×
  Wife appealed a modification of child support order, challenging both the amount of the increase ($75/month vs. requested $277.31/month) and the effective date (order date vs. petition filing date). The court affirmed the discretionary award amount but reversed on the effective d
• United States v. Harper
  505 F.2d 924· 5th Cir.· 1974-12-30 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying a continuance, in the jury selection process, or in imposing the maximum sentence, and that the appellant was not entitled to an entrapment instruction.
• Wiladean R. Kuykendall v. Ervin G. Kuykendall
  301 So. 2d 466· Fla. 1st DCA· 1974-10-15 ·cited 22×·via Abuse Of Discretion Standard On Appeal
  In a dissolution of marriage case, the trial court vacated a final judgment that converted the parties' jointly-owned fish camp from tenancy by the entireties to tenancy in common. The appellate court reversed, holding that the appellee's mistaken understanding of the law and his
• McKINNEY v. Louie L. Wainwright
  488 F.2d 28· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance, and thus affirmed the dismissal of the habeas petition.
• Supermarkets Gen. Corp. v. Grinnell Corp.
  490 F.2d 1183· 2d Cir.· 1974-01-10 ·cited 22×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying a belated request to opt out of a class action settlement, as the appellant's counsel had notice of the settlement negotiations and the appellant failed to demonstrate excusable neglect or substantial
• Maroun v. Ing-Marie Maroun
  277 So. 2d 572· Fla. 3d DCA· 1973-05-08 ·cited 22×
  In this Florida dissolution of marriage appeal, the court affirmed the trial court's award of alimony, child support, and the husband's interest in marital property to the wife, but reversed the requirement that the wife convey her interest in improved Lake Placid real estate to
• Harnett v. Ulett
  466 F.2d 113· 8th Cir.· 1972-08-22 ·cited 22×
  The court held that a probationary public employee, absent contractual or statutory tenure, has no due process right to a pre-termination hearing unless the discharge imposes a stigma that forecloses future employment or directly infringes on free speech interests. The court also
• Sackett v. City OF Coral Gables
  246 So. 2d 162· Fla. 3d DCA· 1971-03-23 ·cited 22×·via Abuse Of Discretion Standard For Injunctions
  Sackett, a property owner adjacent to the Cocoplum Properties, sought a temporary injunction to prevent the City of Coral Gables from further considering a proposed zoning amendment. The District Court of Appeal affirmed the denial of the temporary injunction, holding that courts
• Fulton v. Coppco, Inc.
  407 F.2d 611· 10th Cir.· 1969-03-11 ·cited 22×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying a continuance and correctly applied Colorado law regarding statutory bonds for municipal construction contracts.
• Dong YUP LEE v. United States Immigr. & Naturalization Serv.
  407 F.2d 1110· 9th Cir.· 1969-03-04 ·cited 22×
  The court held that the denial of preference classification was not an abuse of discretion and affirmed the Board of Immigration Appeals' decision denying the petitioner's application for adjustment of status.
• Technitrol, Inc. v. Honorable Edward J. McMANUS
  405 F.2d 84· 8th Cir.· 1968-12-24 ·cited 22×
  The Eighth Circuit denied a writ of mandamus, holding that the petitioner failed to demonstrate a clear and indisputable right to the writ due to unreasonable delay and the lack of a clear abuse of discretion by the lower court.
• Klein v. Klein
  204 So. 2d 239· Fla. 3d DCA· 1967-11-21 ·cited 22×
  In this child custody modification case, the Florida District Court of Appeal affirmed the trial judge's order transferring custody of minor children from the mother to the father, holding that the welfare of the children is the paramount test and that material facts unknown at t
• Morgan v. United States
  380 F.2d 686· 9th Cir.· 1967-06-19 ·cited 22×·via Abuse Of Discretion Standard For Continuance
  The court held that the appellant's numerous procedural and substantive claims of error were without merit, affirming his convictions.
• Lawrence v. Willingham
  373 F.2d 731· 10th Cir.· 1967-03-03 ·cited 22×
  The court held that the Attorney General has exclusive authority to designate place of confinement and transfer prisoners, and the district court cannot compel a transfer for state trial convenience via habeas corpus ad prosequendum.
• Owens v. Ken's Paint AND Body Shop
  196 So. 2d 17· Fla. 3d DCA· 1967-02-28 ·cited 22×
  Kenneth Owens appealed the dismissal of his lawsuit against Ken's Paint and Body Shop for failure to prosecute. The Florida District Court of Appeal reversed, finding the trial judge abused its discretion by dismissing the case when the record showed the plaintiff had taken activ