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

• Imelda Napuli Israel v. Immigr. & Naturalization Serv.
  785 F.2d 738· 9th Cir.· 1986-03-24 ·cited 18×
  The Board of Immigration Appeals (BIA) acted arbitrarily and abused its discretion by denying a motion to reopen deportation proceedings when the facts were virtually identical to a prior BIA precedent (Matter of Garcia) that generally granted such motions.
• Keith v. Volpe
  784 F.2d 1457· 9th Cir.· 1986-03-20 ·cited 18×
  Where necessary procedural provisions are absent from a consent decree, the supervising court has wide discretion to amend the decree to include procedures required for its efficient operation.
• Pabst Brewing Co. v. Anger
  784 F.2d 338· 8th Cir.· 1986-02-21 ·cited 18×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the former employees did not suffer a "layoff" as defined by the Separation From Employment Policy when the brewery was transferred, and thus Pabst did not owe them severance pay.
• Crespo-Gomez v. Richard
  780 F.2d 932· 11th Cir.· 1986-01-21 ·cited 18×
  The court held that the Board of Immigration Appeals did not abuse its discretion in finding the alien ineligible for asylum due to a conviction for a particularly serious crime, and that the district court erred in granting and refusing to dissolve a preliminary injunction.
• Sturgeon v. Airborne Freight Corp.
  778 F.2d 1154· 5th Cir.· 1985-12-26 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the motion for continuance and dismissing the case for want of prosecution.
• United States v. Green
  779 F.2d 1313· 7th Cir.· 1985-12-26 ·cited 18×
  The court held that the defendant's convictions for conspiracy and possession of piperidine were valid, affirming the lower court's decisions on jury instructions, Speedy Trial Act exclusions, and the denial of a new trial.
• In re Boomgarden
  780 F.2d 657· 7th Cir.· 1985-12-19 ·cited 18×
  The court held that the bankruptcy court's order lifting the automatic stay was a final order, and that the debtor was afforded due process and that the bankruptcy court did not abuse its discretion in lifting the stay.
• Fournier v. Textron, Inc.
  776 F.2d 532· 5th Cir.· 1985-11-15 ·cited 18×
  The court held that a 32-month delay in issuing process, without legitimate explanation and causing prejudice, justifies dismissal for want of prosecution.
• Paul v. O'Malley
  776 F.2d 494· 5th Cir.· 1985-10-18 ·cited 18×
  The court held that the district court's findings of fact were not clearly erroneous, the insurance policies did not cover the loss, and the procedural rulings were not an abuse of discretion.
• Outdoor Resorts AT Orlando, Inc. v. Hotz Mgmt. Co., Inc.
  483 So. 2d 2· Fla. 2d DCA· 1985-09-18 ·cited 18×
  Outdoor Resorts sought a writ of certiorari to overturn the trial court's denial of a motion for continuance based on the unavailability of a key witness undergoing surgery for lung and throat cancer. The appellate court granted the petition, finding that the witness's critical r
• Sauers v. Commissioner OF Internal Revenue. Appeal of Paul Sauers
  771 F.2d 64· 3d Cir.· 1985-08-19 ·cited 18×
  The Tax Court did not err in dismissing the taxpayer's petition for failure to prosecute frivolous claims and in awarding damages under 26 U.S.C. § 6673 without a formal assessment of the United States' expenses.
• United States v. Brown
  770 F.2d 241· 1st Cir.· 1985-08-14 ·cited 18×
  The district court did not abuse its discretion in dismissing the prior indictment without prejudice, allowing for reprosecution under the Speedy Trial Act.
• Kimbrough v. Secretary OF the United States AIR Force
  764 F.2d 1279· 9th Cir.· 1985-06-28 ·cited 18×·via Abuse Of Discretion Standard For Evidentiary Rulings
• United States v. DeCOITO
  764 F.2d 690· 9th Cir.· 1985-06-27 ·cited 18×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the perjury indictment was legally sufficient and that the district court did not abuse its discretion in admitting certain testimony or allowing jury access to exhibits.
• Frederick S. Wyle Prof'l Corp. in Bankr. of Pac. Far E. Line, Inc. v. Texaco, Inc.
  764 F.2d 604· 9th Cir.· 1985-06-25 ·cited 18×
  The court held that the trustee failed to present sufficient evidence to create a genuine issue of material fact regarding whether the creditors had reasonable cause to believe the debtors were insolvent, and thus summary judgment for the creditors was appropriate.
• Moore v. Nat'l Ass'n of Sec. Dealers, Inc.
  762 F.2d 1093· D.C. Cir.· 1985-06-04 ·cited 18×
  The court held that the district court's approval of a settlement, which included a waiver of attorneys' fees negotiated simultaneously with the merits, was not an abuse of discretion given the specific facts of the case.
• Nile T. Deland v. OLD Republic Life Ins. Co.
  758 F.2d 1331· 9th Cir.· 1985-04-24 ·cited 18×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that while the district court erred in allowing the jury to interpret the insurance policy, the appellant invited this error and therefore cannot appeal it. The court also found no abuse of discretion in admitting certain evidence.
• Morris v. Adams-Millis Corp.
  758 F.2d 1352· 10th Cir.· 1985-04-01 ·cited 18×
  The court held that an attorney's motion for relief from an order taxing costs and attorneys' fees against him personally, filed after the time for appeal had expired, could not be used to challenge the original order, and thus the denial of the motion was not an abuse of discret
• Eyre v. McDONOUGH Power Equip., Inc.
  755 F.2d 416· 5th Cir.· 1985-03-18 ·cited 18×
  The court held that the trial judge erred in granting judgment notwithstanding the verdict on the 'dead man' control claim, but did not abuse discretion in granting a new trial.
• Wilson v. Adams & Fusselle, Inc.
  467 So. 2d 345· Fla. 2d DCA· 1985-03-08 ·cited 18×
  Wilson, who sold unimproved property via agreement for deed, sought a deficiency judgment after foreclosure when the buyer defaulted. The trial court denied the deficiency judgment based on evidence that the property's market value exceeded the remaining debt, and the appellate c
• Jasper D. Gates and Mildred L. Gates v. United States
  752 F.2d 516· 10th Cir.· 1985-01-17 ·cited 18×
  The court held that the trial court did not abuse its discretion in dismissing the plaintiffs' suit for failure to appear at court-ordered depositions.
• Becker v. Commissioner OF Internal Revenue
  751 F.2d 146· 3d Cir.· 1984-12-28 ·cited 18×
  The court held that the IRS is not estopped from retroactively disallowing a deduction for flight training expenses reimbursed by the VA, but remanded for consideration of an equal treatment claim.
• United States v. Tooker
  747 F.2d 975· 5th Cir.· 1984-12-03 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a sentence reduction, and the amended Rule 32(c)(3)(D) was not applicable.
• Sotto v. United States Immigr. & Naturalization Serv.
  748 F.2d 832· 3d Cir.· 1984-11-26 ·cited 18×
  The court held that the Board of Immigration Appeals and the immigration judge abused their discretion by failing to consider a key affidavit corroborating the petitioner's claims of persecution and hardship.
• Harris v. T.J. Forsyth and F. Christensen
  742 F.2d 1277· 11th Cir.· 1984-09-14 ·cited 18×
  Costs may be assessed against an appellant proceeding in forma pauperis, but the decision to award costs is within the appellate court's discretion.
• Cyrus Hashemi v. Campaigner Publ'ns, Inc.
  737 F.2d 1538· 11th Cir.· 1984-08-01 ·cited 18×
  The court held that a district court did not abuse its discretion in dismissing a complaint for repeated failures to appear for deposition testimony, especially after prior representations to the court.
• Houston Agric. Credit Corp. v. United States
  736 F.2d 233· 5th Cir.· 1984-07-16 ·cited 18×
  The court held that the government's position in disallowing tax deductions for a bad debt reserve was substantially justified, reversing the award of attorney's fees.
• Nat'l Treas. Emps. Union v. Internal Revenue Serv.
  735 F.2d 1277· 11th Cir.· 1984-07-05 ·cited 18×
  The court held that the district court erred in denying attorney's fees under the EAJA's "special circumstances" exception without an evidentiary hearing to determine if the parties intended to waive fees in their settlement.
• United States v. Rosandich
  729 F.2d 1512· 8th Cir.· 1984-03-28 ·cited 18×·via Abuse Of Discretion Standard For Sentencing
  A sentence is not subject to review unless it exceeds statutory limits, violates constitutional or procedural requirements, or reflects a manifest abuse of discretion.
• The Am. Bearing Co., Inc. v. Litton Indus., Inc.
  729 F.2d 943· 3d Cir.· 1984-03-16 ·cited 18×
  The court held that the district court properly granted a new trial because the plaintiff failed to present sufficient evidence to establish a relevant product market and causation in fact for its antitrust claims.
• Parker v. The Bd. OF Sch. Comm'rs OF the City OF Indianapolis
  729 F.2d 524· 7th Cir.· 1984-03-13 ·cited 18×
  The court held that the plaintiff failed to prove intentional sex discrimination under Title VII and § 1983, and that the district court did not abuse its discretion in excluding expert testimony.
• Dade Cnty. Police Benevolent Ass'n, Inc. v. Metro. Dade Cnty.
  452 So. 2d 6· Fla. 3d DCA· 1984-03-13 ·cited 18×
  Employees and their union challenged the dismissal of class action and individual claims alleging mismanagement of group insurance plans by Metropolitan Dade County and insurance carriers. The court affirmed dismissal of the class action for failure to plead proper class represen
• United States v. Jacque Kristina Derr
  726 F.2d 617· 10th Cir.· 1984-01-23 ·cited 18×
  The court held that a district court abuses its discretion by dismissing an indictment without requiring the government to state its reasons. The court also held that dismissing a second indictment was a proper remedy for the prior erroneous dismissal.
• United States v. Penn
  721 F.2d 762· 11th Cir.· 1983-12-19 ·cited 18×
  The court held that the admission of hearsay evidence in a probation revocation proceeding was permissible when it was reliable and there was good cause for not allowing confrontation, and that the trial court did not abuse its discretion in revoking probation based on this evide
• Nunez-Guardado v. Hadden
  722 F.2d 618· 10th Cir.· 1983-12-12 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion or violate the appellant's rights by considering the deaths of 13 aliens when setting his parole date above the guidelines.
• Darms v. McCULLOCH OIL Corp.
  720 F.2d 490· 8th Cir.· 1983-11-03 ·cited 18×
  The court held that the district court did not abuse its discretion in dismissing the action for failure to prosecute, nor in denying class certification or granting partial summary judgment.
• Bialkin v. Baer
  719 F.2d 590· 2d Cir.· 1983-10-11 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion in classifying the offense as 'low moderate' severity and in setting a release date beyond the guideline range, as its decisions were rational and supported by the record.
• Ariz. Past & Future Found., Inc. v. Drew Lewis
  722 F.2d 1423· 9th Cir.· 1983-10-11 ·cited 18×
  The court held that the Secretary of Transportation did not abuse his discretion in approving the West Papago Alternative for Interstate 10 construction, finding no feasible or prudent alternatives and no use of historic sites, and that the district court did not err in denying t
• Payne v. Block
  714 F.2d 1510· 11th Cir.· 1983-09-19 ·cited 18×
  The court held that the Farmers Home Administration (FmHA) provided insufficient notice of its emergency loan program, violating its own regulations, and affirmed the district court's order to reopen the loan application period.
• United States v. Jankowski
  713 F.2d 394· 8th Cir.· 1983-08-05 ·cited 18×·via Abuse Of Discretion Standard On Appeal
  The court held that the evidence was sufficient to sustain the jury's verdicts and that the trial court did not abuse its discretion in its rulings.
• Maxwell v. Lucky Constr. Co., Inc.
  710 F.2d 1395· 9th Cir.· 1983-07-19 ·cited 18×·via Abuse Of Discretion Standard For Attorney'S Fees
  An oral modification of a collective bargaining agreement concerning fringe benefit contributions is invalid under § 302(c)(5) of the Labor Management Relations Act, and attorney's fees awarded must be reduced when the trial court fails to consider factors that would lessen the a
• W.A. Burnett v. Lloyds OF London & Ark. Surplus Lines, Inc.
  710 F.2d 488· 8th Cir.· 1983-06-30 ·cited 18×
  The court held that the trial court did not err in refusing to strike the arson investigator's testimony or in denying the motion for a new trial.
• United States v. Halbert
  712 F.2d 388· 9th Cir.· 1983-06-10 ·cited 18×
  The court held that the admission of psychiatric testimony regarding the defendant's statements on mental capacity was not plain error, and rebuttal testimony was properly admitted.
• Jehan Zeb MIR v. Fosburg
  706 F.2d 916· 9th Cir.· 1983-04-29 ·cited 18×
  The court held that the district court abused its discretion by dismissing the action with prejudice for failure to prosecute without sufficient evidence of prejudice to the defendants.
• United States v. Forty-Eight Thousand
  705 F.2d 909· 7th Cir.· 1983-04-18 ·cited 18×
  The court held that the district court abused its discretion in denying the Rule 60(b) motion because the appellant presented a colorable defense and the circumstances warranted excusable neglect for the delay.
• Graves v. Barnes
  700 F.2d 220· 5th Cir.· 1983-03-17 ·cited 18×
  The court held that the district court did not abuse its discretion in awarding attorney's fees based on prevailing hourly rates and a contingency multiplier, but modified the award to correct a calculation error regarding travel time.
• Cloverleaf Standardbred Owners Ass'n, Inc. v. The Nat'l Bank OF Wash.
  699 F.2d 1274· D.C. Cir.· 1983-02-25 ·cited 18×
  A district court did not abuse its discretion in dismissing an action under Federal Rule of Civil Procedure 19 when a necessary party could not be joined without destroying diversity jurisdiction.
• Martin v. Orrin L. Helstad
  699 F.2d 387· 7th Cir.· 1983-02-02 ·cited 18×
  A potential law school student who procures acceptance through fraudulent misrepresentations does not possess a constitutionally protected property interest in attending the university.
• United States v. Kahan & Lessin Co. & Landstrom Distribs., Inc.
  695 F.2d 1122· 9th Cir.· 1982-11-12 ·cited 18×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that inadvertent intrusions into grand jury proceedings, evidentiary errors, and alleged prosecutorial misconduct did not warrant dismissal of the indictment or reversal of the conviction, as they were either nonprejudicial, harmless, or cured by instructions.
• Herschel McKINZIE, Jr. v. Hollywood, Inc.
  421 So. 2d 606· Fla. 4th DCA· 1982-10-13 ·cited 18×
  The court held that the trial court did not abuse its discretion in vacating a default but erred in entering a judgment on the pleadings because the complaint stated a viable legal theory of landowner negligence.