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

• SUN World Lines, Ltd. v. March Shipping Corp. & March Shipping Passenger Servs.
  801 F.2d 1066· 8th Cir.· 1986-09-25 ·cited 20×
  The court held that a forum selection clause in a ship charter contract is enforceable under federal law, even if it conflicts with state public policy, and that the district court did not abuse its discretion in enforcing the clause.
• United States v. D'Antonio
  801 F.2d 979· 7th Cir.· 1986-09-22 ·cited 20×
  The court held that the evidence was sufficient to support the conviction, the prosecutor's remarks were not prejudicial, the refusal to seek immunity was not an abuse of discretion, and the judge's communication to the jury did not coerce the verdict.
• W. Publ'g Co. v. Mead Data Cent., Inc.
  799 F.2d 1219· 8th Cir.· 1986-09-04 ·cited 20×
  The court held that West's arrangement of cases in its National Reporter System publications is copyrightable, and MDC's proposed 'star pagination' feature infringes upon that copyright.
• Margoles v. Alida Johns & the Journal Co.
  798 F.2d 1069· 7th Cir.· 1986-08-20 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for relief from judgment under Rule 60(b)(6) because the alleged extraordinary circumstances did not create a substantial danger of an unjust judgment.
• Vandenplas v. City OF Muskego
  797 F.2d 425· 7th Cir.· 1986-07-25 ·cited 20×
  The court held that the district court abused its discretion in finding the plaintiffs' § 1983 claims frivolous, thus reversing the award of attorneys' fees.
• United States v. Lulac
  793 F.2d 636· 5th Cir.· 1986-07-02 ·cited 20×
  The court held that the district court erred in issuing a preliminary injunction without adequately assessing the validity of the PPST and its relationship to the State's legitimate interests, and vacated the injunction.
• United States Gen., Inc. v. Franklynn B. Albert and James M.P. D'Amico
  792 F.2d 678· 7th Cir.· 1986-06-06 ·cited 20×
  The court held that the district court abused its discretion in certifying the grant of summary judgment as appealable under Rule 54(b) because the issue of the plaintiff's standing had not yet been resolved and was intertwined with the immunity defense.
• Holden v. State
  487 So. 2d 1199· Fla. 5th DCA· 1986-05-01 ·cited 20×
  A trial court's reasons for departing from sentencing guidelines must be valid and not based on elements of the offense or prior convictions already accounted for.
• Fiester v. Turner
  783 F.2d 1474· 9th Cir.· 1986-03-05 ·cited 20×
  The court denied the motion to dismiss the appeal, finding it timely as to the denial of the motion for reconsideration, but not the underlying judgment.
• Lovell v. City OF Kankakee
  783 F.2d 95· 7th Cir.· 1986-02-11 ·cited 20×·via Abuse Of Discretion Standard For Fee Awards
  The court held that the district court abused its discretion in denying attorney's fees because the plaintiffs were prevailing parties, as their lawsuit was causally linked to the defendants' stipulation not to enforce the sign ordinance.
• Fla. E. Coast Ry. Co. v. Sanford Shulman
  481 So. 2d 965· Fla. 3d DCA· 1986-01-14 ·cited 20×·via Abuse Of Discretion Standard On Appeal
  The court held that the jury verdict was not against the manifest weight of the evidence and that the trial court did not abuse its discretion in allowing the plaintiff to amend his complaint.
• United States v. Pollard
  778 F.2d 1177· 6th Cir.· 1985-12-10 ·cited 20×
  The court held that the district court did not err in admitting tape recordings of subsequent conversations as evidence of intent and knowledge, that sufficient evidence supported the convictions, and that the Bail Reform Act of 1984 is constitutional.
• United States v. 2.61 Acres OF Land
  791 F.2d 666· 9th Cir.· 1985-11-08 ·cited 20×
  The court held that a district court has discretion to grant a continuance to allow a suspended corporation to revive its corporate powers, and that denying such a continuance under these circumstances constituted an abuse of discretion.
• The State OF Iowa v. Block
  771 F.2d 347· 8th Cir.· 1985-08-15 ·cited 20×
  The court held that the Secretary's refusal to implement the discretionary portion of the Special Disaster Payments Program is committed to agency discretion by law and not subject to judicial review.
• United States v. Collins
  764 F.2d 647· 9th Cir.· 1985-06-25 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to support the conviction, the district court did not abuse its discretion in admitting the appellant's statements and financial records, and the transfer of evidence from Customs to the DEA was valid.
• United States v. King
  762 F.2d 232· 2d Cir.· 1985-05-20 ·cited 20×·via Abuse Of Discretion Standard For Continuance
  The court held that the district court did not abuse its discretion in denying a continuance or access to grand jury testimony, and that the evidence did not support a conviction under 18 U.S.C. § 1512.
• Patterson v. Twp. OF Grand Blanc
  760 F.2d 686· 6th Cir.· 1985-04-24 ·cited 20×
  The court held that dismissing a plaintiff's case with prejudice due to counsel's repeated failures to comply with court orders, without considering alternative sanctions, constituted an abuse of discretion.
• United States v. Daly
  756 F.2d 1076· 5th Cir.· 1985-03-26 ·cited 20×·via Abuse Of Discretion Standard For Severance
  The court affirmed the defendants' convictions, finding that the tax avoidance scheme was unlawful and that the trial court did not err in its procedural or evidentiary rulings.
• Bd. OF Trs. v. Universal Enters., Inc.
  751 F.2d 1177· 11th Cir.· 1985-01-28 ·cited 20×
  The court held that the district court correctly found Universal liable for unpaid contributions, that MTS was Universal's alter ego, and that the Trustees did not breach their fiduciary duty in approving the fund merger.
• Northrop Corp. v. McDONNELL Douglas Corp.
  751 F.2d 395· D.C. Cir.· 1984-12-28 ·cited 20×
  The court held that the district court did not abuse its discretion in upholding the state secrets privilege asserted by DOD, but did abuse its discretion in quashing the subpoena to the State Department entirely without considering modification.
• Edudata Corp. v. Sci. Computers, Inc.
  746 F.2d 429· 8th Cir.· 1984-10-12 ·cited 20×
  The court dismissed the appeal from the denial of a temporary restraining order for lack of jurisdiction and affirmed the order suspending the tender offer, finding it to be a preliminary injunction. The court found no abuse of discretion in the district court's balancing of equi
• Jack Faucett Assocs., Inc. v. Am. Tel. & Tel. Co.
  744 F.2d 118· D.C. Cir.· 1984-09-11 ·cited 20×
  The court held that the district court abused its discretion by broadly applying offensive collateral estoppel, as AT&T was denied a full and fair opportunity to litigate due to the erroneous exclusion of crucial evidence.
• S. Pac. Commc'ns Co. v. Am. Tel. & Tel. Co.
  740 F.2d 1011· D.C. Cir.· 1984-07-31 ·cited 20×
  The court affirmed the denial of SPCC's motion to vacate the judgment, finding that SPCC waived most collateral estoppel claims and that the MFJ could not be given collateral estoppel effect due to its explicit language and fairness concerns.
• Beryl N. Jones v. Caddo Parish Sch. Bd.
  735 F.2d 923· 5th Cir.· 1984-07-09 ·cited 20×
  The court held that the district court did not abuse its discretion in denying Ms. Phillips' motion to intervene as untimely, given the long history of the litigation and her awareness of her interests.
• United States v. Alfonso
  738 F.2d 369· 10th Cir.· 1984-07-02 ·cited 20×
  The court held that the admission of co-conspirator hearsay statements was proper in a bench trial without explicit findings on the record, and that a sentence within statutory limits is generally not subject to appellate review.
• Tate v. Frey
  735 F.2d 986· 6th Cir.· 1984-06-01 ·cited 20×·via Abuse Of Discretion (Appellate Review)
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against state corrections officials, as the injunction was based on federal constitutional violations and not solely state law, thus avoiding Eleventh Amendment concerns raise
• Taylor v. United States Parole Comm'n
  734 F.2d 1152· 6th Cir.· 1984-05-22 ·cited 20×
  The hearsay evidence relied upon by the Parole Commission was reasonably reliable, and therefore the district court should be affirmed.
• Nat'l Treas. Emps. Union v. Fed. Labor Relations Auth.
  732 F.2d 703· 9th Cir.· 1984-05-03 ·cited 20×
  The court held that the Federal Labor Relations Authority did not abuse its discretion in denying a status quo ante make-whole remedy for the implementation of new work shifts, as the Authority's distinction between new and modified shifts was reasoned and supportable.
• Marshall v. Marshall
  445 So. 2d 706· Fla. 4th DCA· 1984-02-29 ·cited 20×
  A trial court errs in awarding lump-sum alimony instead of permanent periodic alimony where the wife's prospects for self-supporting employment are limited and the husband has retirement income security.
• Marcoux v. Marcoux
  445 So. 2d 711· Fla. 4th DCA· 1984-02-29 ·cited 20×
  In this dissolution of marriage case, the husband appeals a final judgment awarding the wife the marital home, substantial alimony, and child support based in part on a valuation of the husband's closely-held business that included significant goodwill. The Fourth District affirm
• Torres-MacIas v. United States Parole Comm'n
  730 F.2d 1214· 9th Cir.· 1984-01-24 ·cited 20×
  The court held that the United States Parole Commission did not abuse its discretion in reconsidering and delaying a prisoner's parole date based on new information, even if that information existed prior to the initial parole decision but had not been considered.
• Cities OF Anaheim v. Fed. Energy Regulatory Comm'n
  723 F.2d 656· 9th Cir.· 1984-01-09 ·cited 20×
  The court held that the adoption of the West Texas policy was within the discretion of the Commission, despite some reservations.
• Greer v. Sondra G. Greer
  438 So. 2d 535· Fla. 2d DCA· 1983-09-30 ·cited 20×
  In this dissolution of marriage appeal, the court upheld the award of permanent alimony but reversed the trial court's finding that the wife was entitled to a special equity interest in the husband's shares of closely-held corporations, and remanded for reconsideration of the ove
• United States v. Cronn
  717 F.2d 164· 5th Cir.· 1983-09-28 ·cited 20×
  A defendant cannot raise an equal protection challenge based on the underrepresentation of groups to which he does not belong.
• United States v. Reed
  715 F.2d 870· 5th Cir.· 1983-09-12 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to sustain the defendants' convictions for conspiracy to commit extortion and interstate travel to commit extortion, and that the trial court did not err in denying their motions for acquittal or a new trial.
• Rebuck v. Vogel
  713 F.2d 484· 8th Cir.· 1983-08-10 ·cited 20×
  The court held that the district court did not abuse its discretion in denying motions to introduce new evidence after judgment and that its findings regarding adverse possession were supported by substantial evidence.
• Enerhaul, Inc. v. Nat'l Labor Relations Bd.
  710 F.2d 748· 11th Cir.· 1983-07-28 ·cited 20×
  The court held that the National Labor Relations Board (NLRB) abused its discretion in denying Enerhaul's petition for fees under the Equal Access to Justice Act (EAJA) because the General Counsel's position was not substantially justified in law or fact.
• Lelsz v. Kavanagh
  710 F.2d 1040· 5th Cir.· 1983-07-13 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely, and therefore, the appellate court lacked jurisdiction.
• Lilly R. Vela and Lucretia Jackson v. W. Elec. Co.
  709 F.2d 375· 5th Cir.· 1983-07-11 ·cited 20×
  The court held that a district court did not abuse its discretion in dismissing a case as a sanction for a plaintiff's counsel's repeated failure to comply with discovery orders and court directives.
• In re Coastal Cable T.V., Inc. v. Coastal Cable T.V., Inc.
  709 F.2d 762· 1st Cir.· 1983-06-21 ·cited 20×
  The court held that the bankruptcy court erred in authorizing the sale of the cable license without first determining the disputed ownership of the shares, and that jurisdictional issues should be addressed by the district court.
• Williams v. United States Parole Comm'n
  707 F.2d 1060· 9th Cir.· 1983-06-08 ·cited 20×
  The court held that a sentencing judge's parole comment form or presentence report can be considered 'new and significant adverse information' if not available to hearing examiners at the time of their decision.
• Radtke v. Cessna Aircraft Co.
  707 F.2d 999· 8th Cir.· 1983-06-03 ·cited 20×
  The court held that the district court did not err in admitting evidence of a witness's prior felony conviction for impeachment purposes, nor in admitting the judgment of conviction or evidence of an ancillary lawsuit to show bias.
• United States v. Veteto
  701 F.2d 136· 11th Cir.· 1983-03-21 ·cited 20×
  The court held that the trial judge did not abuse his discretion in denying severance motions for co-defendants and the pro se defendant, nor did the court err in denying a mistrial or refusing to grant a recusal or de novo hearing.
• Ill. Cent. Gulf R.R. Co. v. Interstate Commerce Comm'n & United States
  702 F.2d 111· 7th Cir.· 1983-03-14 ·cited 20×
  The court held that state railroad commissions exercising jurisdiction under the Staggers Act must adhere to the Interstate Commerce Commission's consistent rulings regarding average demurrage agreements.
• Bass v. W.J. Estelle, Jr.
  696 F.2d 1154· 5th Cir.· 1983-02-04 ·cited 20×
  The court concurred in the result remanding the case for an evidentiary hearing on claims of ineffective assistance of counsel.
• Stern v. Four Freedoms Nat'l Med. Servs.
  417 So. 2d 1085· Fla. 3d DCA· 1982-08-10 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and affirming the dismissal because the motion lacked the required specificity under Rule 1.460 and the plaintiffs' attorney refused to proceed to trial.
• Williams v. Estelle
  681 F.2d 946· 5th Cir.· 1982-07-02 ·cited 20×
  The court held that while the denial of in forma pauperis status and dismissal of a claim based on state procedural rules were proper, other claims regarding an involuntary guilty plea stated a valid basis for federal habeas corpus relief.
• United States v. Hans
  684 F.2d 343· 6th Cir.· 1982-06-03 ·cited 20×
  The court held that the district court erred in excluding certain checks and ledgers as evidence, finding they were admissible under the Sixth Amendment and Federal Rule of Evidence 403.
• Del. Valley Citizens' Council FOR Clean AIR v. Commonwealth OF PA.
  678 F.2d 470· 3d Cir.· 1982-05-21 ·cited 20×
  A state cannot avoid a federal consent decree by enacting state legislation that makes compliance impossible; federal courts can impose sanctions to coerce compliance.
• Mass. Ass'n FOR Retarded Citizens, Inc. v. King
  668 F.2d 602· 1st Cir.· 1981-12-18 ·cited 20×
  The court held that the consent decrees did not override the charge-for-care statute, finding it unlikely that plaintiffs would succeed on the merits of their claim that the statute was unlawful.