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

• Pollock v. Pollock
  722 So. 2d 283· Fla. 5th DCA· 1998-12-31 ·cited 21×·via Reasonableness Test For Abuse Of Discretion
  The appellate court affirmed the trial court's decision to convert rehabilitative alimony to permanent alimony, finding no abuse of discretion in the amount awarded.
• Melendez v. State
  700 So. 2d 791· Fla. 4th DCA· 1997-10-29 ·cited 21×
  Edwin Melendez was convicted of burglary and attempted sexual battery based on the victim's identification that he had entered her home and assaulted her while she slept. The appellate court reversed, finding that the trial court abused its discretion in three ways: improperly di
• E.I. DU Pont de Nemours & Co. v. Native Hammock Nursery, Inc.
  698 So. 2d 267· Fla. 3d DCA· 1997-05-07 ·cited 21×
  DuPont appeals an order granting Native Hammock Nursery a new trial in a products liability case involving the fungicide Benlate. The appellate court reverses, holding that the evidence on which the trial court relied—Department of Agriculture test results, soil tests from other
• Lopez v. Lopez
  689 So. 2d 1218· Fla. 5th DCA· 1997-03-14 ·cited 21×
  Carlos Lopez appeals from a trial court order enforcing a dissolution of marriage judgment that required him to receive $6,000 in escrow contingent on his ex-wife vacating the marital residence in reasonable condition. The appellate court reversed, finding that the trial court ab
• Paulo McBEAN v. State
  688 So. 2d 383· Fla. 4th DCA· 1997-02-05 ·cited 21×·via Abuse Of Discretion Standard For Expert Testimony
  Paulo McBean was convicted of third-degree murder but the Fourth District Court of Appeal reversed and remanded for a new trial due to two evidentiary errors: improper exclusion of impeachment evidence regarding a witness's material omissions from her initial police statement, an
• Kennedy v. Kennedy
  641 So. 2d 408· Fla.· 1994-09-01 ·cited 21×
  The Florida Supreme Court dismissed a petition for review in a divorce alimony case after determining it had improvidently granted jurisdiction. The Court found that the Fifth District's reversal of the trial court's alimony award was based on statutory non-compliance with sectio
• Alexander v. State
  627 So. 2d 35· Fla. 1st DCA· 1993-11-12 ·cited 21×
  Christopher Harold Alexander was convicted of second-degree murder with a firearm in the shooting death of Gabriel Mahoney. The Florida District Court of Appeal reversed the conviction, holding that the trial court erred in excluding testimony about Alexander's exclamations and a
• Gaskin v. State
  591 So. 2d 917· Fla.· 1991-12-05 ·cited 21×
  Louis B. Gaskin was convicted of two counts of first-degree murder and related offenses in the deaths of Robert and Georgette Sturmfels, and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentences, vacating only duplicate murder adjudications, a
• Foley v. City OF Lowell
  948 F.2d 10· 1st Cir.· 1991-10-23 ·cited 21×
  The court held that evidence of subsequent police misconduct is admissible to prove a prior municipal policy of indifference, and that prejudgment interest should run until the date of final judgment.
• United States v. Lussier
  929 F.2d 25· 1st Cir.· 1991-03-29 ·cited 21×·via Abuse Of Discretion Standard For Continuance
  The court affirmed the conviction, holding that the defendant's various challenges to the proceedings, including claims regarding arrest jurisdiction, self-incrimination, nature of charges, counsel, continuance, jury information, witness sequestration, and exhibit exclusion, were
• United States v. Sanders
  928 F.2d 940· 10th Cir.· 1991-03-19 ·cited 21×
  The court held that the evidence was insufficient to prove the "design to conceal or disguise" element required for money laundering convictions under 18 U.S.C. § 1956(a)(1)(B)(i) for two car purchases.
• United States v. Ervin Kindle
  925 F.2d 272· 8th Cir.· 1991-02-15 ·cited 21×
  The court affirmed the convictions, holding that the trial court did not err by failing to inquire into a potential conflict of interest, that contact with sequestered witnesses was not prejudicial, and that other claims regarding confrontation clause rights, severance, evidence
• Northbrook Excess & Surplus Ins. Co. v. Procter & Gamble Co.
  924 F.2d 633· 7th Cir.· 1991-01-04 ·cited 21×
  The court held that the district court's award of costs for a computerized document database was not an abuse of discretion and should not have been vacated.
• United States v. Bland
  908 F.2d 471· 9th Cir.· 1990-07-11 ·cited 21×
  The court held that revealing the specific, inflammatory details underlying an arrest warrant to the jury venire was an abuse of discretion and deprived the defendant of a fair trial, and that the defendant's confession was inadmissible due to an incomplete Miranda warning.
• Geiserman v. MacDONALD
  893 F.2d 787· 5th Cir.· 1990-02-07 ·cited 21×
  The court held that the district court did not abuse its discretion in enforcing discovery timetables by striking the plaintiff's late expert witness designation and granting summary judgment.
• United States v. Slaughter
  891 F.2d 691· 9th Cir.· 1989-11-22 ·cited 21×
  The court held that the district court did not abuse its discretion in excluding a statement under Fed.R.Evid. 804(b)(3) due to lack of corroboration, and that the jury instructions on entrapment were adequate.
• In re Leamon Paul McWHORTER v. Leamon Paul McWHORTER
  887 F.2d 1564· 11th Cir.· 1989-11-14 ·cited 21×
  Summary judgment based on collateral estoppel was improper because the issue of the insurance company's approval of an agent's fraudulent actions in prior, distinct transactions was not identical to the issue in the current case involving different transactions and purchasers.
• The Travelers Indem. Co. v. Dingwell
  884 F.2d 629· 1st Cir.· 1989-09-07 ·cited 21×
  The court affirmed the district court's dismissal of the declaratory judgment action for failure to join indispensable parties and its denial of the insurers' motions to intervene in the indemnification action.
• McDONALD v. Sec'y OF Health & Human Servs.
  884 F.2d 1468· 1st Cir.· 1989-09-07 ·cited 21×
  The court held that time spent litigating an EAJA fee application against government opposition is not compensable under the Act.
• AIR S., Inc. v. Spaziano
  547 So. 2d 314· Fla. 4th DCA· 1989-08-09 ·cited 21×
  Air South, Inc. appealed the trial court's denial of its motion to dismiss or transfer for improper venue in a negligence and breach of contract case arising from a plane crash. The Fourth District Court of Appeal reversed, holding that venue in Broward County was improper becaus
• United States v. LEW
  875 F.2d 219· 9th Cir.· 1989-05-12 ·cited 21×
  Convictions for mail fraud are reversed because the jury instructions allowed conviction without proof that the defendant intended to obtain money or property from the party deceived. Convictions for making false statements are affirmed.
• In re Drexel Burnham Lambert Inc. v. Drexel Burnham Lambert Inc.
  861 F.2d 1307· 2d Cir.· 1988-11-15 ·cited 21×
  The court should grant the writ of mandamus to direct Judge Pollack to recuse himself due to a reasonable doubt of his impartiality stemming from his wife's substantial financial interest in a transaction involving Drexel, a party in litigation before him.
• Burger King Corp. v. Mason
  855 F.2d 779· 11th Cir.· 1988-09-20 ·cited 21×
  The court held that the district court did not abuse its discretion in assessing damages under the Lanham Act, affirming the judgment for trademark infringement.
• Geiger v. Allen
  850 F.2d 330· 7th Cir.· 1988-06-29 ·cited 21×·via Abuse Of Discretion Standard On Appeal
  The court held that the reinstatement of an action does not trigger a new 120-day period for service of process under Rule 4(j), and affirmed the dismissal for failure to serve within the original timeframe without good cause.
• Nat'l Ass'n OF Gov't Emps., Inc. v. Nat'l Fed'n OF Fed. Emps.
  844 F.2d 216· 5th Cir.· 1988-05-05 ·cited 21×
  The court held that the plaintiff union failed to prove actual malice with clear and convincing evidence, thus affirming the jury's verdict for the defendants on the defamation claim. However, the court reversed the imposition of sanctions, finding the district court abused its d
• Wade v. Orange Cnty. Sheriff's Off.
  844 F.2d 951· 2d Cir.· 1988-04-11 ·cited 21×·via Abuse Of Discretion Standard On Appeal
  The court held that a jury's verdict on common factual issues in legal claims precludes a contrary finding by the court on equitable claims, and that the denial of a new trial was not an abuse of discretion.
• Lohr v. State OF Fla. Dep't OF Corr.
  835 F.2d 1404· 11th Cir.· 1988-01-22 ·cited 21×
  The court affirmed the denial of a new trial and the damage award for Randolph, but certified a question to the Florida Supreme Court regarding punitive damages awarded to Lohr without compensatory damages.
• Shereen Ramona Zipfel v. Halliburton Co.
  832 F.2d 1477· 9th Cir.· 1987-11-24 ·cited 21×
  The court held that Jones Act claims cannot be dismissed on forum non conveniens grounds, but foreign seamen's claims can be dismissed if foreign law applies and an adequate alternative forum exists. The court also vacated an injunction against foreign seamen prosecuting state cl
• Bail Bonds BY Marvin Nelson, Inc. v. Comm'r OF the Internal Revenue Serv.
  820 F.2d 1543· 9th Cir.· 1987-07-08 ·cited 21×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that interest deductions for loans used in a scheme to create artificial tax deductions are not allowable, even if the loans themselves appear to create a legal obligation, if the transactions lack economic substance and business purpose.
• United States v. Condon
  816 F.2d 434· 8th Cir.· 1987-04-21 ·cited 21×
  The court held that the alternative fine statute applies to offenses outside of Title 18 and that the district court did not abuse its discretion in imposing the fine.
• In re Kingstate OIL v. M/V Green Star. (Two Cases)
  815 F.2d 918· 3d Cir.· 1987-04-03 ·cited 21×
  The court held that the denial of the application to treat unloading expenses as administrative costs was appealable under 28 U.S.C. § 1292(a)(3) because, in this specific case, it conclusively determined the appellants' rights to the sale proceeds. The court further held that th
• Robert (Bobby) Smith v. Bounds
  813 F.2d 1299· 4th Cir.· 1987-03-18 ·cited 21×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in ordering the establishment of a legal assistance program for inmates and in denying the defendants' motions for reconsideration.
• United States v. DeNOYER
  811 F.2d 436· 8th Cir.· 1987-02-09 ·cited 21×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in admitting the child victim's out-of-court statements and the defendant's statements to police, nor in excluding defense expert testimony or refusing lesser included offense instruction
• Cary Cohen v. Va. Elec. & Power Co.
  788 F.2d 247· 4th Cir.· 1986-04-15 ·cited 21×
  The court affirmed the award of Rule 11 sanctions against the appellant and his attorney, and dismissed the appeal from the consent judgment awarding statutory attorneys fees.
• Hervey v. The City OF Little Rock
  787 F.2d 1223· 8th Cir.· 1986-03-31 ·cited 21×
  The court held that the trial court did not abuse its discretion in decertifying the class action due to inadequate representation and proof, and affirmed the dismissal of individual claims where plaintiffs failed to establish a prima facie case of discrimination.
• Coal. FOR Equitable Minority Participation IN Architectural Contracts IN Tenn. (Compact) v. Metro. Gov't OF Nashville & Davidson Cnty.
  786 F.2d 227· 6th Cir.· 1986-03-18 ·cited 21×
  The Sixth Circuit held that the District Court abused its discretion by certifying a partial summary judgment order for immediate appeal under Rule 54(b) without providing adequate reasoning. The court lacked jurisdiction to hear the appeal.
• United States v. Zamora
  784 F.2d 1025· 10th Cir.· 1986-02-24 ·cited 21×
  The court affirmed convictions for manufacturing and possessing methamphetamine with intent to distribute, finding sufficient evidence for both appellants and rejecting claims of error regarding expert testimony, informant disclosure, and jury instructions.
• Howard v. McLUCAS
  782 F.2d 956· 11th Cir.· 1986-02-20 ·cited 21×
  The majority erred in allowing intervention because the intervenors failed to demonstrate a sufficient interest and likelihood of prejudice.
• United States v. Rodriguez-Ramirez
  777 F.2d 454· 9th Cir.· 1985-11-25 ·cited 21×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to support the convictions, separate convictions for distribution and possession were appropriate, claims of ineffective assistance of counsel lacked merit, and the indictment was sufficient. The court affirmed the convictions.
• United States v. Hoelker
  765 F.2d 1422· 9th Cir.· 1985-07-17 ·cited 21×
  The court affirmed the convictions, holding that the Hobbs Act charges were properly brought, severance was not required, evidence was admissible, prosecutorial comments were permissible, and double jeopardy did not bar the substantive charges.
• Perry v. Boyd James O'Donnell
  759 F.2d 702· 9th Cir.· 1985-04-30 ·cited 21×
  A finding of willfulness is not a prerequisite for awarding attorneys' fees in civil contempt actions, and the fee request was timely.
• In re Mac Donald v. Mac Donald
  755 F.2d 715· 9th Cir.· 1985-03-12 ·cited 21×
  The court held that the bankruptcy court did not abuse its discretion in granting relief from the automatic stay to allow a spousal support modification action to proceed in state court.
• Del. Valley Citizens' Council FOR Clean AIR v. Commonwealth OF PA.
  755 F.2d 38· 3d Cir.· 1985-02-11 ·cited 21×
  A state court has no power to disturb or enjoin compliance with federal court decrees, whether final or preliminary, due to the supremacy clause.
• Timms v. United States
  742 F.2d 489· 9th Cir.· 1984-09-05 ·cited 21×
• United States v. Carmichael
  726 F.2d 158· 4th Cir.· 1984-01-26 ·cited 21×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on alleged newly discovered evidence and in denying the motion for recusal.
• United States v. Otto George Nelson
  707 F.2d 374· 9th Cir.· 1983-05-02 ·cited 21×
• Mercurio Dankese v. Def. Logistics Agency
  693 F.2d 13· 1st Cir.· 1982-11-18 ·cited 21×
  The court held that the district court did not abuse its discretion in denying the motion to reopen the litigation, but affirmed without prejudice to initiating a separate action to enforce the settlement.
• Beckham v. Safeco Ins. Co. OF Am.
  691 F.2d 898· 9th Cir.· 1982-11-03 ·cited 21×
  The court held that diversity jurisdiction was proper, but reversed summary judgment on the claim that the insurer failed to make a good faith settlement attempt when liability was reasonably clear. Other claims and the denial of a jury trial were affirmed.
• United States v. James
  674 F.2d 886· 11th Cir.· 1982-04-30 ·cited 21×
  A district court with original jurisdiction over a case has the authority to amend bond conditions under 18 U.S.C. § 3146(e), even if it was not the initial releasing officer, and such amendments are permissible without proof of a violation.
• Pub. Power Council v. Johnson
  674 F.2d 791· 9th Cir.· 1982-04-13 ·cited 21×
  The court held that discovery should proceed at this stage, allowing the merits panel to ultimately decide the scope of the administrative record.