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

• Vail v. State
  890 So. 2d 373· Fla. 3d DCA· 2004-12-22 ·cited 19×
  Eric Vail appeals his drug possession conviction, challenging the admission of evidence regarding a gun found in a van, the trial court's refusal to give an Allen charge, and certain testimony. The Florida Third District Court of Appeal affirms the conviction, finding the gun evi
• Gibson Tr., Inc. v. Allen
  883 So. 2d 379· Fla. 4th DCA· 2004-09-29 ·cited 19×
  The Fourth District Court of Appeal reversed a default final judgment entered against defendants in a credit repair fraud case brought by the Florida Attorney General. The court found that defendants established excusable neglect based on a misunderstanding regarding a purported
• Caruso v. Baumle
  880 So. 2d 540· Fla.· 2004-06-24 ·cited 19×
  The Florida Supreme Court clarified that in automobile accident cases governed by section 627.736(3), evidence of personal injury protection (PIP) benefits for setoff purposes must be presented to the trier of fact (jury or judge) during trial, not after trial, and juries must be
• TOP Dollar Pawn TOO, Inc. v. King
  861 So. 2d 1264· Fla. 4th DCA· 2003-12-17 ·cited 19×
  The court held that service of process on an employee of a registered agent is insufficient for a corporation, requiring vacation of default judgment against Advance Auto Body. Service on Top Dollar's registered agent was proper.
• Jones & Granger v. Basil Johnson, Jr.
  788 So. 2d 381· Fla. 1st DCA· 2001-06-21 ·cited 19×
  Jones & Granger appeals a trial court's award of attorney's fees under a charging lien filed after the firm was discharged by its client without cause during a FELA settlement. The court awarded quantum meruit compensation of $7,500 rather than a proportional share of the conting
• Broward Cnty. Sch. Bd. v. Cruz
  761 So. 2d 388· Fla. 4th DCA· 2000-05-03 ·cited 19×
  The Broward County School Board was found liable for negligence when a special education student, Luis John Cruz, was injured by another student on school property, resulting in organic brain damage and behavioral changes. The appellate court reversed and remanded for a new trial
• Prymus v. Annmarie Duncan Prymus
  753 So. 2d 742· Fla. 3d DCA· 2000-03-22 ·cited 19×
  In this family law appeal, the former husband challenges the trial court's award of attorney's fees and costs to the former wife in the dissolution of marriage proceeding. The appellate court affirms the award, finding no abuse of discretion and noting the appellant's failure to
• Provenzano v. State
  751 So. 2d 37· Fla.· 1999-08-26 ·cited 19×
  Thomas Provenzano, a death row inmate, appealed the circuit court's denial of his motion claiming incompetency to be executed. The Florida Supreme Court held that the evidence presented—including expert psychological reports and affidavits detailing bizarre behavior—established r
• Register v. State
  718 So. 2d 350· Fla. 5th DCA· 1998-09-25 ·cited 19×
  Willis James Register was convicted by jury of first-degree murder and two counts of attempted murder. He appealed, arguing the trial court abused its discretion by denying his motion to reopen his case to testify after the defense had rested. The appellate court affirmed, holdin
• World Thrust Films, Inc. v. Int'l Fam. Ent., Inc.
  41 F.3d 1454· 11th Cir.· 1995-01-06 ·cited 19×
  World Thrust Films filed a complaint for breach of contract and copyright infringement but failed to timely file a joint scheduling report and respond to a show cause order. The district court dismissed the complaint as a sanction for violating local rules, but the Eleventh Circu
• Mid-Florida Assocs., Ltd. v. Taylor
  641 So. 2d 182· Fla. 5th DCA· 1994-08-12 ·cited 19×
  Mid-Florida Associates appealed the trial court's order denying their motion to dismiss for failure to effect timely service of process. The court affirmed, holding that the trial court did not abuse its discretion in finding good cause for the delay in service, where the appelle
• Moreno v. Moreno
  606 So. 2d 1280· Fla. 5th DCA· 1992-11-06 ·cited 19×
  In this dissolution of marriage appeal, the court held that a trial court's failure to make findings of fact regarding an alimony award violates Florida statutory requirements and prevents meaningful appellate review. The court vacated and remanded the permanent periodic alimony
• Fontaine Davis v. City & Cnty. of SAN Francisco
  976 F.2d 1536· 9th Cir.· 1992-10-06 ·cited 19×
  The court affirmed the district court's award of attorneys' fees and costs, but remanded for recalculation of the lodestar to exclude time spent by law clerks on unrelated claims and to disallow public relations work not directly contributing to litigation goals. The court also a
• Coughlin v. LEE
  946 F.2d 1152· 5th Cir.· 1991-11-12 ·cited 19×
  The court held that the deputies' leak of evidence did not address a matter of public concern, thus affirming the directed verdict on their free speech claim. However, the court reversed the discovery rulings concerning their political association claim, remanding for reconsidera
• United States v. Foster
  939 F.2d 445· 7th Cir.· 1991-08-06 ·cited 19×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting expert testimony regarding drug trafficking methods and a rap verse found in the defendant's notebook, as these were relevant to the defendant's knowledge and intent and were admitted with appropriat
• Jayne Reid-Walen v. Hansen
  933 F.2d 1390· 8th Cir.· 1991-05-15 ·cited 19×
  The dissenting judge argues the majority erred in reversing the district court's forum non conveniens dismissal, finding the district court properly balanced the relevant factors.
• Sec. & Exch. Comm'n v. Cherif
  933 F.2d 403· 7th Cir.· 1991-04-29 ·cited 19×
  The court held that the misappropriation theory applies to Rule 10b-5 violations, and a former employee's breach of a continuing duty to protect confidential information constitutes fraud. The court also found that subject matter jurisdiction does not extend to a non-party like S
• Pfeiffer v. Marion Ctr. Area Sch. Dist.
  917 F.2d 779· 3d Cir.· 1990-10-30 ·cited 19×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court erred in excluding testimony potentially showing a double standard in dismissing a female student for premarital sex while not dismissing male students for similar conduct, and that compensatory damages are available under Title IX.
• Modine Mfg. Co. v. The Allen Grp., Inc.
  917 F.2d 538· Fed. Cir.· 1990-10-22 ·cited 19×
  The court affirmed the district court's judgment, holding that the jury's findings of non-obviousness and no inequitable conduct were supported by substantial evidence, and that the denial of enhanced damages and attorney fees was not an abuse of discretion.
• J.D. Miller v. Fed. Deposit Ins. Corp.
  906 F.2d 972· 4th Cir.· 1990-06-22 ·cited 19×
  The court affirmed summary judgment on liability for violating the Change in Banking Control Act but remanded for de novo review of the penalty amount.
• Sheets v. Yamaha Motors Corp.
  891 F.2d 533· 5th Cir.· 1990-01-04 ·cited 19×
  The court held that the district court abused its discretion in awarding Rule 11 sanctions because the defendants' insistence on Hague Convention service was warranted by existing law and not for an improper purpose. The court affirmed the denial of discovery sanctions and the ta
• Boudreau v. The Honorable James T. Carlisle
  549 So. 2d 1073· Fla. 4th DCA· 1989-09-19 ·cited 19×
  The court addressed whether a trial court must grant a defendant's motion to discharge court-appointed counsel or the counsel's motion to withdraw when the defendant files a malpractice complaint and grievance alleging incompetence. The court held that filing such complaints does
• Hewlett-Packard Co. v. Bausch & Lomb Inc.
  882 F.2d 1556· Fed. Cir.· 1989-08-09 ·cited 19×
  The court held that inequitable conduct during reissue proceedings requires a finding of intent to mislead, not just gross negligence, and that such conduct renders all claims of the patent unenforceable. The court affirmed the invalidity of reissue claims 10-12 due to a defectiv
• Earline H. Dixon v. Seafarers' Welfare Plan
  878 F.2d 1411· 11th Cir.· 1989-08-04 ·cited 19×
  The court held that the district court did not abuse its discretion in denying attorney's fees to a prevailing party under ERISA, as the decision was supported by an adequate analysis of the relevant factors.
• Maurice F. McCARTHY, Jr., M.D. v. Barnett Bank OF Polk Cnty.
  876 F.2d 89· 11th Cir.· 1989-06-27 ·cited 19×
  The court held that the district court did not abuse its discretion in denying the Lakeland Ledger's motion to intervene and oppose the protective order.
• Bachman v. Bachman
  539 So. 2d 1182· Fla. 4th DCA· 1989-03-22 ·cited 19×
  The court held that the trial court did not abuse its discretion in its economic aspects, in denying the motion to recuse, or in permitting the wife to relocate with the children to New Jersey.
• United States v. Bryan
  868 F.2d 1032· 9th Cir.· 1989-01-18 ·cited 19×
  The court held that a prosecutor's discovery obligations under Rule 16 and Brady extend to out-of-district documents if the prosecutor has knowledge of and access to them, and that the district court erred by limiting discovery solely to documents within the district.
• Giles v. Garwood
  853 F.2d 876· 11th Cir.· 1988-08-30 ·cited 19×
  The court held that the appellant's § 1983 action was barred by the statute of limitations and that the district court did not abuse its discretion in denying the motion to disqualify the judge.
• Marquis Theatre Corp. v. Condado Mini Cinema
  846 F.2d 86· 1st Cir.· 1988-05-05 ·cited 19×
  The court held that the district court did not abuse its discretion in striking the defendant's pleadings as a sanction for discovery violations, and that the plaintiff presented sufficient evidence of liability and damages, but reversed certain damages awarded for a period when
• Twelve John Does v. Dist. OF Columbia
  841 F.2d 1133· D.C. Cir.· 1988-03-11 ·cited 19×
  The court held that the district court erred in reinstating the Attorney General under Federal Rule of Civil Procedure 60(b) because the prior dismissal order did not have prospective application and the circumstances did not constitute extraordinary grounds for relief.
• United States v. Heller
  830 F.2d 150· 11th Cir.· 1987-09-29 ·cited 19×
  The court held that the defendant was entitled to a jury instruction on the legal uncertainty defense, and that governmental misconduct in intimidating a defense witness required reversal.
• United States v. NOE
  821 F.2d 604· 11th Cir.· 1987-07-15 ·cited 19×
  The court reversed Noe's convictions due to a discovery violation but affirmed Rogers' conspiracy conviction.
• Riddle v. Sec'y OF Health & Human Servs.
  817 F.2d 1238· 6th Cir.· 1987-05-01 ·cited 19×
  The dissenting judge would affirm the district court's denial of attorney fees, finding the Secretary's position substantially justified.
• Camel Hair & Cashmere Inst. OF Am., Inc. v. Associated DRY Goods Corp.
  799 F.2d 6· 1st Cir.· 1986-09-02 ·cited 19×
  The court held that the plaintiff had standing to sue on behalf of its members for injunctive relief, but affirmed the denial of a preliminary injunction against Federated due to its good faith actions, while remanding for further consideration of irreparable harm for other defen
• Spinar v. S.D. Bd. OF Regents
  796 F.2d 1060· 8th Cir.· 1986-07-23 ·cited 19×
  The Court of Appeals dismissed the appeal for lack of jurisdiction because the district court lacked jurisdiction to vacate its original judgment and enter a new one after the time for appeal had expired.
• Whale v. United States
  792 F.2d 951· 9th Cir.· 1986-06-24 ·cited 19×
  The court held that an attorney's mistaken belief that certified mail constituted valid personal service on the U.S. Attorney, contrary to Rule 4(d)(4), does not constitute a justifiable excuse for failure to properly serve, and thus the district court did not abuse its discretio
• United States v. Jenkins
  785 F.2d 1387· 9th Cir.· 1986-03-27 ·cited 19×
  Proof of federal insurance is not an element of the offense under the first prohibition of 18 U.S.C. § 1010, and a defendant waives the Fifth Amendment privilege against self-incrimination by failing to assert it during grand jury or deposition testimony.
• Deas v. Paccar, Inc.
  775 F.2d 1498· 11th Cir.· 1985-11-14 ·cited 19×
  The court held that the district court did not abuse its discretion in granting a new trial due to the failure to instruct the jury on the burden of proof under the Florida Dealer Act and the deficiency of evidence regarding discrimination under the Federal Dealer Act.
• Salaheddine Assaad Chatila v. Immigr. & Naturalization Serv.
  770 F.2d 786· 9th Cir.· 1985-09-03 ·cited 19×
  The court held that the denial of political asylum and withholding of deportation was supported by substantial evidence, as the petitioner failed to establish a clear probability or well-founded fear of persecution.
• Trident Marine Constr., Inc. v. Dist. Eng'r
  766 F.2d 974· 6th Cir.· 1985-07-09 ·cited 19×
  The court held that the government's litigating position, not the underlying agency action, is the relevant standard for determining substantial justification under the Equal Access to Justice Act. The government's arguments regarding the sufficiency of a protest and the inapplic
• United States v. Teller
  762 F.2d 569· 7th Cir.· 1985-05-23 ·cited 19×
  A defendant seeking to withdraw a guilty plea post-sentencing must demonstrate manifest injustice, and the court affirmed the denial because the defendant failed to show his counsel's advice, though imperfect, fell below the minimum standard of competence or that manifest injusti
• United States v. LEE
  744 F.2d 1124· 5th Cir.· 1984-10-12 ·cited 19×
  The court held that the trial judge did not abuse his discretion in denying a severance because the co-defendants' defenses were not mutually exclusive and the defendant did not suffer compelling prejudice.
• Bailey v. Christo
  453 So. 2d 1134· Fla. 1st DCA· 1984-06-29 ·cited 19×·via Abuse Of Discretion Standard For Injunctions
  Bailey appeals a preliminary injunction ordering him to open and operate the Spinnaker II nightclub and pay stipulated percentages of gross revenues to himself and co-owner Christo during the 1984 season. The court affirmed, holding that the trial court did not abuse its discreti
• Mozelle Jenkins v. Chem. Bank
  721 F.2d 876· 2d Cir.· 1983-11-09 ·cited 19×
  The court held that the district court failed to exercise its discretion in appointing counsel for a pro se Title VII plaintiff, necessitating a remand.
• United States v. Vergara
  714 F.2d 21· 5th Cir.· 1983-08-19 ·cited 19×
  The court held that the district court did not abuse its discretion in denying a motion for a new trial based on newly discovered evidence from co-conspirators.
• Silas Alexander v. Chicago Park Dist.
  709 F.2d 463· 7th Cir.· 1983-06-03 ·cited 19×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiffs failed to demonstrate a reasonable likelihood of success on the merits and that the balance of equities and public interest weighed against granting such relief at this preliminary stage.
• United States v. Davila
  704 F.2d 749· 5th Cir.· 1983-04-25 ·cited 19×·via Abuse Of Discretion Standard For Continuance
  The court held that the evidence was sufficient to sustain the convictions and that the trial court did not err in its rulings regarding discovery, evidence exclusion, or post-verdict juror interviews.
• United States v. Zulema Gonzalez
  703 F.2d 1222· 11th Cir.· 1983-04-25 ·cited 19×
  The court held that the admission of testimony regarding a death threat was proper, as it was relevant to show consciousness of guilt and its probative value was not substantially outweighed by prejudice.
• Elga B. White v. Latrell White
  429 So. 2d 730· Fla. 1st DCA· 1983-03-24 ·cited 19×·via Abuse Of Discretion Standard For Attorney'S Fees
  In this dissolution of marriage case, the Florida appellate court addressed a husband's challenges to alimony, property division, and attorney's fee awards following a 30-year marriage. The court reversed certain provisions regarding alimony continuation after the wife's remarria
• Louisville Black Police Officers Org., Inc. v. City OF Louisville
  700 F.2d 268· 6th Cir.· 1983-02-04 ·cited 19×
  The Sixth Circuit held that the district court did not abuse its discretion in awarding attorneys' fees, as its application of the Northcross guidelines was reasonable and the court properly considered factors like hourly rates and contingency, while not being mandated to adjust