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

• United States v. GEE
  695 F.2d 1165· 9th Cir.· 1983-01-06 ·cited 19×
  The court held that while the government committed a Rule 16 violation by failing to produce a transcript, the defendant suffered no prejudice.
• United States v. William Anderson Co., Inc.
  698 F.2d 911· 8th Cir.· 1982-12-10 ·cited 19×
  The court held that a district judge has broad discretion under 18 U.S.C. § 3651 to impose creative conditions of probation, including requiring corporate defendants to make payments to charitable organizations as a partial suspension of fines.
• Honneus v. Donovan
  691 F.2d 1· 1st Cir.· 1982-09-20 ·cited 19×
  The court held that an erroneous assumption of diversity jurisdiction does not render a judgment void, and thus a motion for relief from judgment on that basis was properly denied. The court also found no fraud sufficient to warrant relief under Rule 60(b)(3).
• York v. Tenn. Crushed Stone Ass'n
  684 F.2d 360· 6th Cir.· 1982-07-28 ·cited 19×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the defendant trade association, with only two employees, was not an "employer" under the ADEA, as it did not meet the 20-employee threshold, nor was it an "agent" of its members or an "integrated enterprise" with them. The court also found no abuse of discret
• Pratte v. Nat'l Labor Relations Bd.
  683 F.2d 1038· 7th Cir.· 1982-07-08 ·cited 19×
  The court held that the plaintiff's reliance on the government's job offer was unjustified, thus failing to establish a claim for equitable estoppel.
• Am. Republic Ins. Co. v. Westchester Gen. Hosp.
  414 So. 2d 1163· Fla. 3d DCA· 1982-06-08 ·cited 19×
  American Republic Insurance Company appealed the trial court's denial of its motion to vacate a default judgment entered against it without notice. The court reversed, holding that a plaintiff cannot obtain a default judgment without notice against a defendant who has appeared in
• United States v. Sandor Regner
  677 F.2d 754· 9th Cir.· 1982-05-19 ·cited 19×
  The court held that the admission of evidence of prior insurance claims was not an abuse of discretion, a continuance granted was sufficient, and the admission of foreign public documents did not violate the defendant's Sixth Amendment rights.
• McGOWAN v. King, Inc.
  661 F.2d 48· 5th Cir.· 1981-11-09 ·cited 19×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the trial judge abused discretion by awarding an inadequate attorney's fee, and the appellate court would fix the fee itself.
• Collins v. Thomas
  649 F.2d 1203· 5th Cir.· 1981-07-10 ·cited 19×
• Rose Pass Mines, Inc. v. Howard
  615 F.2d 1088· 5th Cir.· 1980-04-23 ·cited 19×
  The court held that the bankruptcy judge did not abuse discretion in doubling the receiver/trustee's compensation and affirming the hourly rate for the attorney, but did err in reducing associate fees and disallowing all compensation for preparing the fee application.
• Dees v. State
  357 So. 2d 491· Fla. 1st DCA· 1978-04-20 ·cited 19×
  The court held that the trial court did not abuse its discretion in allowing the State to reopen its case to establish venue after the close of the State's case.
• Frejlach v. Butler
  573 F.2d 1026· 8th Cir.· 1978-04-10 ·cited 19×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the plaintiffs failed to demonstrate irreparable harm.
• Almond v. State
  350 So. 2d 810· Fla. 4th DCA· 1977-10-11 ·cited 19×
  Steven Harris Almond appeals his conviction for aggravated assault, challenging the terms of his seven-year probation sentence. The court affirmed the conviction but struck one probation condition as insufficiently definite and excessive in duration, and remanded for modification
• Cheatham v. State
  346 So. 2d 1218· Fla. 3d DCA· 1977-05-24 ·cited 19×
  The court held that the trial court did not abuse its discretion in denying a continuance for sentencing and did not err in reinstructing the jury on specific charges without repeating reasonable doubt instructions.
• United States v. Dudley D. Morgan, Jr.
  554 F.2d 31· 2d Cir.· 1977-04-18 ·cited 19×·via Abuse Of Discretion Standard For Evidentiary Rulings
• Soon BOK Yoon v. Immigr. & Naturalization Serv.
  538 F.2d 1211· 5th Cir.· 1976-09-20 ·cited 19×
  The court held that the INS did not err in its administrative proceedings regarding deportation and that the alien's contentions lacked merit.
• United States v. Allen
  522 F.2d 1229· 6th Cir.· 1975-09-02 ·cited 19×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial judge did not abuse discretion in denying a continuance, that Miranda warnings were not required for statements made during a civil audit, and that various evidentiary rulings were proper.
• United States v. Schembari
  484 F.2d 931· 4th Cir.· 1973-09-27 ·cited 19×
  The court held that the trial court did not abuse its discretion in denying the appellant's pre-trial motions for a continuance, discovery, a more definite statement, and subpoenas duces tecum, and that sufficient evidence supported the conviction.
• Norvin E. Powell, III v. United States
  420 F.2d 799· 9th Cir.· 1969-12-24 ·cited 19×
  The court held that the trial court did not abuse its discretion in denying a continuance and that there was sufficient evidence to support the jury's finding of guilt, precluding entrapment as a matter of law.
• Russell v. Cunningham
  233 F.2d 806· 9th Cir.· 1956-05-21 ·cited 19×
  The court held that the district court did not abuse its discretion in dismissing the case for failure to prosecute, but reversed any award of attorneys' fees as costs.
• Steinmetz v. Brinker Int'l, Inc.
  73 F.4th 883· 11th Cir.· 2023-07-11 ·cited 18×
  The Eleventh Circuit vacated the class certification in part, holding that while one named plaintiff had standing, the other two did not due to causation issues, and remanded for the district court to clarify its predominance analysis and potentially refine class definitions.
• Ruiz v. Officer Jennifer Wing
  991 F.3d 1130· 11th Cir.· 2021-03-12 ·cited 18×
  A pro se motion for a new trial, even if stricken as unauthorized, tolls the time for filing a notice of appeal if filed within the time allowed by rule. However, the court affirmed the judgment as none of the appellant's claims had merit.
• Sellers v. Rushmore Loan Mgmt. Servs., LLC
  941 F.3d 1031· 11th Cir.· 2019-10-29 ·cited 18×
  Randolph and Tabetha Sellers sued mortgage servicer Rushmore after it sent them monthly mortgage statements following their Chapter 7 bankruptcy discharge, alleging violations of the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act. The Eleventh Ci
• United States v. Hi-Tech Pharms., Inc.
  936 F.3d 1341· 11th Cir.· 2019-08-30 ·cited 18×
  The court held that 1,3-dimethylamylamine (DMAA) is not a 'botanical' or 'constituent' of a botanical under the Dietary Supplement Health and Education Act (DSHEA) because it is artificially produced and found only in trace amounts coincidentally in plants, and it is not generall
• Price v. Comm'r, Ala. Dep't OF Corr., Warden, Holman Corr. Facility
  920 F.3d 1317· 11th Cir.· 2019-04-10 ·cited 18×
  The court affirmed the denial of the summary judgment and preliminary injunction motions, and denied the stay of execution because the appellant failed to show a substantial likelihood of success on the merits of his claims.
• Demeko Ladjuan Sims v. State
  260 So. 3d 509· Fla. 1st DCA· 2018-12-10 ·cited 18×
  The court affirmed Sims's convictions for armed robbery and petit theft and his life sentence as a Prison Releasee Reoffender, holding that the convictions do not violate double jeopardy because robbery and petit theft are distinct offenses with different statutory elements, and
• Jordan v. State
  244 So. 3d 1178· Fla. 1st DCA· 2018-04-20 ·cited 18×
  A trial court commits reversible error when it applies a sufficiency-of-the-evidence standard instead of the manifest-weight-of-the-evidence standard in ruling on a motion for a new trial.
• Dogoda v. Dogoda
  233 So. 3d 484· Fla. 2d DCA· 2017-12-06 ·cited 18×
  Anthony Dogoda appeals the denial of his petition to modify alimony following his retirement. The court reversed, holding that when assessing whether a substantial change in circumstances justifies alimony modification, the operative date is when the parties executed their marita
• Schwartzberg v. State
  215 So. 3d 611· Fla. 4th DCA· 2017-03-29 ·cited 18×
  Robert Schwartzberg appealed his convictions for false imprisonment and battery, raising issues regarding redaction of a 911 call, double jeopardy claims based on two battery convictions from the same criminal episode, and improper consideration of uncharged misconduct during sen
• Viscito v. Viscito
  214 So. 3d 736· Fla. 3d DCA· 2017-03-15 ·cited 18×
  In a marital dissolution appeal, the Florida Third District Court of Appeal affirmed the trial court's equitable distribution of a Key Biscayne condominium and denial of alimony to the former husband, rejecting his alternative computation methods and finding no abuse of discretio
• Cleveland v. Crown Fin., LLC
  212 So. 3d 1065· Fla. 1st DCA· 2017-03-01 ·cited 18×
  Crown Financial sought relief from a final judgment in a mortgage foreclosure case, claiming newly discovered evidence of an Agreement for Additional Advance that would increase the secured loan amount above $300,000. The appellate court reversed, holding that Crown failed to mee
• Morgan v. The Bank OF NEW York Mellon
  200 So. 3d 792· Fla. 1st DCA· 2016-09-19 ·cited 18×
  Linda Morgan, a defendant in a mortgage foreclosure action brought by Bank of New York Mellon, appealed the trial court's denial of her motion to amend her answer to raise affirmative defenses. The appellate court held that the trial court abused its discretion in denying the mot
• Wells v. Halmac Dev., Inc.
  189 So. 3d 1015· Fla. 3d DCA· 2016-04-13 ·cited 18×
  Wells appealed the trial court's denial of their motion for attorney's fees under Florida Statute § 57.105 against Castro and his counsel. The court reversed, holding that Castro's claim that he was the prevailing party in an arbitration dispute was not supported by law under Try
• Vercosa v. Fields
  174 So. 3d 550· Fla. 4th DCA· 2015-08-26 ·cited 18×
  A final judgment entered without proper notice and opportunity to be heard, particularly when damages are unliquidated, is void and must be vacated.
• Phillips v. State
  141 So. 3d 702· Fla. 4th DCA· 2014-07-02 ·cited 18×
  Phillips appealed a restitution order imposed after her conviction for stealing jewelry, arguing that the trial court improperly relied on hearsay evidence from websites to determine the restitution amount. The Fourth District Court of Appeal agreed and reversed, holding that hea
• King v. State
  130 So. 3d 676· Fla.· 2013-07-03 ·cited 18×
  Cecil King was convicted of the first-degree murder of 82-year-old Renie Telzer-Bain in a December 2009 home invasion and burglary. The Florida Supreme Court affirmed his conviction and death sentence, rejecting all five penalty-phase claims raised on appeal, including challenges
• Whitney v. Manos Milien & Esurance Ins. Co.
  125 So. 3d 817· Fla. 4th DCA· 2013-03-20 ·cited 18×
  Wendy Whitney, a defendant in a motor vehicle accident case, appeals the denial of her motion for new trial and/or remittitur after a jury verdict awarding substantial damages to the plaintiff, a rear-seat passenger rendered quadriplegic by the collision. The appellate court affi
• Oyola v. State
  99 So. 3d 431· Fla.· 2012-09-20 ·cited 18×
  Miguel Oyóla was convicted of first-degree murder, false imprisonment, armed robbery, and grand theft in the death of his employer Michael Lee Gerrard. A jury recommended death by a 9-3 vote, and the trial court imposed a death sentence. The Florida Supreme Court affirmed the con
• Abbott v. Abbott
  98 So. 3d 616· Fla. 2d DCA· 2012-08-10 ·cited 18×
  Ruth Abbott appeals a final judgment modifying child support and visitation. The trial court granted the father's request for reduced child support and overnight visitation, but also awarded shared parental responsibility despite it never being pleaded or argued. The appellate co
• Phillup Alan Partin v. State
  82 So. 3d 31· Fla.· 2011-12-01 ·cited 18×
  Phillup Alan Partin was convicted of the first-degree murder of 16-year-old Joshan Ashbrook and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting his claims regarding evidentiary rulings, jury instructions, and the proportionality
• B.L.R. v. State
  74 So. 3d 173· Fla. 1st DCA· 2011-11-16 ·cited 18×
  A juvenile appealed his disposition order committing him to a maximum-risk facility after violating probation. The Florida appellate court reversed, holding that the trial court failed to comply with E.A.R. v. State by not articulating the specific characteristics of opposing res
• Aarmada Prot. Sys. 2000, Inc. v. Yandell
  73 So. 3d 893· Fla. 4th DCA· 2011-11-16 ·cited 18×
  Defendants appealed a judgment for approximately $368,000 in damages awarded to plaintiff Yandell following an automobile accident. The appellate court affirmed, rejecting arguments that evidence of unreasonable medical treatment was improperly excluded, that a self-referral viol
• Dezman Zama v. State
  54 So. 3d 1075· Fla. 4th DCA· 2011-03-02 ·cited 18×
  Dezman Zama was convicted of aggravated assault with a deadly weapon after firing a gun inside a nightclub. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court gave an erroneous jury instruction on the fear element of assault and admi
• Oliveros v. Adventist Health Systems/Sunbelt, Inc.
  45 So. 3d 873· Fla. 2d DCA· 2010-09-03 ·cited 18×
  The appellants filed a medical malpractice wrongful death action but the trial court dismissed it for failure to comply with presuit requirements, specifically finding that their expert lacked proper qualifications. The appellate court reversed, holding that the defendants waived
• THE Florida BAR v. Behm
  41 So. 3d 136· Fla.· 2010-07-01 ·cited 18×
  The Florida Bar disciplined attorney Charles Behm for trust account violations and failure to file federal income tax returns from 1999 to 2006. The Florida Supreme Court approved the referee's findings of guilt but rejected the recommended six-month suspension as too lenient, pe
• Carle v. State
  983 So. 2d 693· Fla. 1st DCA· 2008-06-05 ·cited 18×
  Kenneth Carle was convicted of possession of diazepam with intent to sell, but the appellate court reversed because the trial court abused its discretion by refusing to instruct the jury on simple possession as a lesser included offense. The court held that simple possession is a
• G.S. v. T.B.
  985 So. 2d 978· Fla.· 2008-05-22 ·cited 18×
  The Florida Supreme Court held that a trial court abuses its discretion when it denies an adoption petition by fit prospective parents based solely on concerns about ensuring a non-petitioning grandparent's visitation rights. The court emphasized that adoption decisions must focu
• Adams v. State
  979 So. 2d 921· Fla.· 2008-03-27 ·cited 18×
  The Florida Supreme Court resolved a conflict among appellate courts regarding whether a trial court abuses its discretion in revoking sex offender probation when the probation order fails to specify a deadline for completing sex offender treatment or the number of allowed attemp
• McCAUSLIN v. O'Conner
  985 So. 2d 558· Fla. 5th DCA· 2008-02-08 ·cited 18×
  McCauslin appeals the trial court's grant of a new trial to O'Conner based on alleged jury misconduct. Two jurors failed to disclose prior automobile accident injuries during voir dire, but the appellate court reversed, finding the omitted information was neither material nor del
• Campbell v. Griffith
  971 So. 2d 232· Fla. 2d DCA· 2008-01-04 ·cited 18×
  Campbell appealed a jury verdict in a personal injury case arising from a motor vehicle accident, claiming the verdict was against the manifest weight of the evidence. The appellate court reversed and remanded for a new trial on damages for past and future medical expenses and pa