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

• Brown v. Arlen Mgmt. Corp.
  663 F.2d 575· 5th Cir.· 1981-12-11 ·cited 20×
  The court affirmed the jury's verdict, holding that there was sufficient evidence to support findings of negligence and causation, and that the trial court did not abuse its discretion regarding discovery rulings, counsel conduct, or damage submissions.
• Contempo Metal Furniture Co. OF Cal. v. E. Tex. Motor Freight Lines, Inc.
  661 F.2d 761· 9th Cir.· 1981-11-16 ·cited 20×
  The court held that freight charges and labor costs incurred due to damaged goods are recoverable under the Carmack Amendment, and a motion for a new trial based on newly discovered evidence was properly denied.
• United States v. Lipps
  659 F.2d 960· 9th Cir.· 1981-10-19 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court erred in admitting evidence of prior convictions for impeachment, but this error was harmless as to two counts, and review of a third count was declined under the concurrent sentence doctrine.
• Ravancho v. Immigr. & Naturalization Serv.
  658 F.2d 169· 3d Cir.· 1981-08-26 ·cited 20×
  The court held that the Board of Immigration Appeals abused its discretion by failing to consider newly proffered psychiatric evidence in conjunction with previously submitted evidence when determining whether to reopen deportation proceedings.
• United States v. Novia Turkette, Jr.
  656 F.2d 5· 1st Cir.· 1981-08-13 ·cited 20×
  The court affirmed convictions, holding that joinder was proper under RICO, severance was not required due to lack of demonstrated prejudice, the seating arrangement was not an abuse of discretion, and jury instructions adequately addressed the issues.
• In re Gustafson
  650 F.2d 1017· 9th Cir.· 1981-06-25 ·cited 20×
  A federal court may summarily impose criminal contempt when a lawyer's misbehavior in the judge's presence obstructs justice, even if the judge delays the imposition slightly to avoid prejudice.
• Skipper v. State
  400 So. 2d 797· Fla. 1st DCA· 1981-06-17 ·cited 20×
  Joe Henry Skipper appealed his armed robbery conviction, challenging the denial of a pretrial lineup, the denial of penalty instructions, and the trial court's refusal to strike a juror who worked in law enforcement. The appellate court affirmed the conviction but reversed the se
• Francis v. Perez and Hilda B. Perez
  643 F.2d 640· 9th Cir.· 1981-04-23 ·cited 20×
  The BIA abused its discretion by failing to provide a record of its proceedings when denying the motion to reopen.
• United States v. Dawson
  642 F.2d 1060· 7th Cir.· 1981-02-17 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the Rule 35 motion for sentence reduction, but vacated the special parole term based on intervening Supreme Court precedent.
• Pierce Packing Co. v. John Morrell & Co.
  633 F.2d 1362· 9th Cir.· 1980-12-17 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admission of evidence of unrelated product sales was not an abuse of discretion, the jury instructions on fixed costs were proper, and the appellant's failure to timely object to predatory pricing instructions precluded review. The jury's finding that the
• Nealey v. Transportacion Maritima Mexicana
  662 F.2d 1275· 9th Cir.· 1980-10-21 ·cited 20×
  The court vacated the order of dismissal and remanded the case.
• Harpring v. Cont'l OIL Co.
  628 F.2d 406· 5th Cir.· 1980-10-16 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in finding that age was not the cause of Harpring's discharge and that the exclusion of certain evidence was not an abuse of discretion.
• United States v. Antulio Parrilla Bonilla
  626 F.2d 177· 1st Cir.· 1980-06-20 ·cited 20×
  The court held that the trial judge did not abuse his discretion in refusing to disqualify himself from ruling on the motion for a new trial.
• Tucker v. The United States
  624 F.2d 1029· Ct. Cl.· 1980-06-18 ·cited 20×·via Manifest Abuse Of Discretion
  The court held that the plaintiff's removal was proper because there was substantial evidence of intentional falsification of travel vouchers, the removal promoted the efficiency of the FAA, and the penalty was not disproportionate.
• AIR Line Stewards & Stewardesses Ass'n v. Trans World Airlines, Inc.
  630 F.2d 1164· 7th Cir.· 1980-06-13 ·cited 20×
  The court held that the district court properly approved the settlement agreement, finding it to be fair, reasonable, and adequate, and that the district court did not abuse its discretion in granting retroactive seniority.
• Paramount Pictures Corp. v. Thompson Theatres, Inc.
  621 F.2d 1088· 10th Cir.· 1980-06-02 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying a jury trial and that Richard Thompson's personal liability was supported by evidence of fraud, but the award of attorney's fees under Okla. Stat.Ann. tit. 12 § 936 was improper.
• United States v. Williams
  613 F.2d 573· 5th Cir.· 1980-03-13 ·cited 20×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that an ex parte communication between a juror and the judge, concerning the juror's social acquaintance with a defense character witness, was harmless error and did not warrant a new trial.
• Fed. Barge Lines, Inc. v. Republic Marine, Inc.
  616 F.2d 372· 8th Cir.· 1980-03-05 ·cited 20×
  The court held that federal courts in admiralty are not bound by state statutory interest rates when awarding prejudgment interest, and the district court did not abuse its discretion by awarding ten percent.
• Savarino Ramos, Sr. v. Sanchez
  375 So. 2d 51· Fla. 2d DCA· 1979-09-19 ·cited 20×·via Abuse Of Discretion In Dismissal
  Appellant sought review of a trial court's order dismissing with prejudice a negligence complaint as a sanction for appellant's attorney's failure to produce a tape recording ordered by the court. The appellate court reversed, holding that dismissal with prejudice was too severe
• United States v. O'Brien
  601 F.2d 1067· 9th Cir.· 1979-08-02 ·cited 20×
  The court held that the trial court did not abuse its discretion in rejecting a guilty plea from a defendant who maintained his innocence, and that the admission of evidence of subsequent acts and calculations of overpayment, while potentially prejudicial, constituted harmless er
• Robustiano Puga & Medmolds, Inc. v. Suave Shoe Corp.
  374 So. 2d 552· Fla. 3d DCA· 1979-07-31 ·cited 20×
  The court affirmed the trial court's grant of a temporary injunction enforcing a non-competitive agreement under Florida Statutes § 542.12(2), finding the defendants failed to demonstrate abuse of discretion and that irreparable injury was adequately shown.
• United States v. Work Wear Corp.
  602 F.2d 110· 6th Cir.· 1979-06-28 ·cited 20×
  The court held that the district court did not abuse its discretion in refusing to reduce a civil contempt fine, as the defendant failed to show sufficient special circumstances or mitigating factors.
• Erle E. Peacock, Jr. v. Bd. OF Regents OF the Univs. & State Coll. OF Ariz.
  597 F.2d 163· 9th Cir.· 1979-04-02 ·cited 20×·via Abuse Of Discretion Standard For New Trial Motions
  The court affirmed the district court's orders vacating a jury verdict, granting partial summary judgment, and directing verdicts for defendants, finding no abuse of discretion or constitutional infirmities.
• United States v. Picklesimer
  585 F.2d 1199· 3d Cir.· 1978-11-02 ·cited 20×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the Controlled Substances Act does not require proof of a sufficient quantity of Schedule III drugs to have a depressant effect on the central nervous system; any quantity is proscribed. The court also held that evidence of guns found in a vehicle with drugs i
• Prop-Jets, Inc. v. The Honorable Stephen S. Chandler
  575 F.2d 1322· 10th Cir.· 1978-05-19 ·cited 20×
  The court held that a writ of mandamus was inappropriate to review the joinder order, and the appeal from that order was dismissed as interlocutory.
• Mirabal v. Gen. Motors Acceptance Corp.
  576 F.2d 729· 7th Cir.· 1978-05-12 ·cited 20×
  The court held that the district court did not abuse its discretion in awarding $2,000 in attorney's fees, as the petitioner's request was disproportionate to the client's recovery and the nature of the case.
• United States v. Rothman
  567 F.2d 744· 7th Cir.· 1977-12-28 ·cited 20×
  The court held that the trial court did not err in denying a continuance, admitting evidence, or in its jury instructions, and that prosecutorial arguments did not violate defendants' rights.
• Albert v. Honorable John Chafee
  571 F.2d 1063· 9th Cir.· 1977-07-29 ·cited 20×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
• United States v. Vitale
  549 F.2d 71· 8th Cir.· 1977-02-09 ·cited 20×
  The court held that the trial court did not abuse its discretion in admitting testimony regarding other crimes, telephone calls, and expert testimony, and that the evidence of guilt was overwhelming.
• Affanato v. Merrill Bros. & Cianbro Corp.
  547 F.2d 138· 1st Cir.· 1977-01-11 ·cited 20×
  The court held that the district court did not abuse its discretion in entering a default judgment against the defendant due to repeated failures to comply with discovery orders.
• Maurice A. Garbell, Inc. v. The Boeing Co.
  546 F.2d 297· 9th Cir.· 1976-11-10 ·cited 20×
  The court affirmed the district court's judgment finding the patent invalid and upheld the award of attorney's fees and costs to the prevailing defendants.
• Mohamed ALI and Nadia Ali v. A & G Co., Inc.
  542 F.2d 595· 2d Cir.· 1976-09-29 ·cited 20×
  The court held that the district court did not abuse its discretion in dismissing the case with prejudice for failure to prosecute.
• Spradley v. Elvera Correne Spradley
  335 So. 2d 822· Fla.· 1976-07-21 ·cited 20×
  In this child custody modification case, the Florida Supreme Court quashed a District Court of Appeal decision that had reversed a trial court's award of custody to the father, holding that the appellate court improperly re-evaluated facts rather than applying the proper standard
• Gordon v. Jeri Lee Gordon
  335 So. 2d 321· Fla. 4th DCA· 1976-05-21 ·cited 20×
  An award of periodic alimony in the amount of $1,000 per week for 521 weeks was an abuse of discretion because while the husband's ability to pay was unquestionable, the wife's actual needs—considering the brief sixteen-month marriage, her age of thirty-three, good health, and em
• ADM Corp. v. Speedmaster Packaging Corp.
  525 F.2d 662· 3d Cir.· 1975-11-14 ·cited 20×
  The court affirmed the patent invalidity and denial of attorneys' fees but remanded the issue of costs for further explanation.
• United States v. Liebert
  519 F.2d 542· 3d Cir.· 1975-06-30 ·cited 20×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that while the non-filing lists are not statutorily protected from disclosure, their production was unreasonable under Rule 16(b) due to the availability of alternative discovery methods that protect individual privacy.
• Gallub v. del Vecchio
  301 So. 2d 785· Fla. 3d DCA· 1974-09-17 ·cited 20×
  Appellant Robert Gallub appeals a $12,000 judgment in a negligence case where he was shot in both legs by a police officer. Gallub sought a new trial on damages, arguing the trial court erred by refusing to issue bench warrants for two absent expert witnesses and by preventing hi
• United States v. Wenceslao Trevino, Jr.
  490 F.2d 95· 5th Cir.· 1973-12-27 ·cited 20×·via Gross Abuse Of Discretion
  The court held that the district court did not err in refusing to grant a new trial based on newly discovered evidence or in denying a motion for reduction of sentence.
• In re Int'l House OF Pancakes Franchise Litig. Robert J. Helfenbein & Circle Invs. of Mo., Inc. v. Int'l Indus., Inc.
  487 F.2d 303· 8th Cir.· 1973-11-02 ·cited 20×
  The court held that the trial court did not abuse its discretion in disapproving the proposed settlement agreement.
• The Q-Panel Co. v. Newfield
  482 F.2d 210· 10th Cir.· 1973-07-02 ·cited 20×
  The court held that the trial court did not err in refusing to award attorney fees because the patent invalidity due to obviousness, without more, does not constitute an exceptional case under 35 U.S.C. § 285.
• United States v. Trice
  476 F.2d 89· 9th Cir.· 1973-03-30 ·cited 20×
  The court held that there was sufficient probable cause for the warrantless arrest and that the evidence seized was admissible. The court also found sufficient evidence to support the jury's verdict and that the trial court did not err in its evidentiary rulings or jury instructi
• McGUIRE Shaft & Tunnel Corp. v. Local Union NO. 1791
  475 F.2d 1209· Temp. Emer. Ct. App.· 1973-02-01 ·cited 20×
  The court held that preliminary injunctions were authorized under the Economic Stabilization Act of 1970, and that the Norris-LaGuardia Act did not prohibit such injunctions against labor unions in this context.
• United States v. Faulkenbery
  472 F.2d 879· 9th Cir.· 1973-01-22 ·cited 20×
  The court held that even if prior convictions were improperly admitted and the defendant's Fifth Amendment rights were violated, these errors were harmless beyond a reasonable doubt due to overwhelming evidence of guilt. The denial of a mistrial was not an abuse of discretion, an
• United States v. Berlin
  472 F.2d 13· 9th Cir.· 1973-01-02 ·cited 20×·via Abuse Of Discretion Standard For Severance
  A seller who knows a car is stolen can be guilty of willfully causing its interstate transportation under 18 U.S.C. § 2(b) if the transportation is purposeful and an integral part of the overall scheme, not merely reasonably foreseeable.
• United States v. Webster
  468 F.2d 769· 9th Cir.· 1972-10-19 ·cited 20×
  A district court does not abuse its discretion by denying a motion to withdraw a guilty plea when the defendant's asserted reason for withdrawal lacks credibility and is contradicted by evidence.
• SOO Yuen v. United States Immigr. & Naturalization Serv.
  456 F.2d 1107· 9th Cir.· 1972-03-10 ·cited 20×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the petitioner's request for adjustment of status and suspension of deportation.
• Altman v. Connally
  456 F.2d 1114· 2d Cir.· 1972-03-09 ·cited 20×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the dismissal of the complaint.
• Cont'l Mortg. Invs. v. Vill. BY THE SEA, Inc.
  252 So. 2d 833· Fla. 4th DCA· 1971-09-09 ·cited 20×
  The appellate court affirmed the trial court's decision to overrule objections to interrogatories, holding that the trial court did not abuse its discretion in allowing discovery regarding other loans made by the plaintiff.
• United States v. Rawlins
  440 F.2d 1043· 8th Cir.· 1971-03-29 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea, as Rule 11 of the Federal Rules of Criminal Procedure was properly followed.
• Sampson v. Radio Corp. OF Am.
  434 F.2d 315· 2d Cir.· 1970-11-10 ·cited 20×
  The court held that the denial of a motion to vacate a judgment under Rule 60(b) is reviewed for abuse of discretion, and the trial court did not abuse its discretion in denying the motion.