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

• Ross v. Jere Sandy Ross
  321 So. 2d 443· Fla. 3d DCA· 1975-11-04 ·cited 18×
  In this Florida family law case, Linda Ross appeals from a judgment dissolving her marriage and awarding custody of their one-and-a-half-year-old child to the father. The appellate court affirmed the trial court's custody decision and rejection of alimony and attorney's fees, fin
• Goldstein v. Goldstein
  310 So. 2d 361· Fla. 3d DCA· 1975-03-18 ·cited 18×
  In this Florida family law appeal, the court addressed whether a wife in a dissolution of marriage was entitled to permanent alimony rather than time-limited rehabilitative alimony, and whether she held a joint interest in the husband's brokerage account. The court reversed the t
• United States v. Dace
  502 F.2d 897· 8th Cir.· 1974-06-10 ·cited 18×
  The court held that the district court did not abuse its discretion in imposing consecutive sentences for mail fraud or in refusing to allow defendants to examine their presentence investigation reports.
• Am. Fed'n OF State, Cnty. & Mun. Emps., AFL-CIO v. City OF Cleveland & James D. Hodgson
  484 F.2d 339· 6th Cir.· 1973-08-14 ·cited 18×
  The court held that the Secretary of Labor did not abuse his discretion in imposing a 15% limitation on rehiring former employees for the Emergency Employment Act grant, and that collective bargaining agreements are not 'contracts for services' protected by the Act. The court als
• United States v. Willis
  482 F.2d 1034· 8th Cir.· 1973-06-29 ·cited 18×
  The court held that the trial court's admission of certain cross-examination evidence and the handling of a witness's Fifth Amendment invocation, while potentially questionable, constituted harmless error beyond a reasonable doubt and did not prejudice the defendant's right to a
• United States v. Casey
  480 F.2d 151· 5th Cir.· 1973-06-12 ·cited 18×
  The district court did not err in denying the defendant's motion for a continuance to obtain counsel.
• Stafford v. Perini Corp.
  475 F.2d 507· 1st Cir.· 1973-03-20 ·cited 18×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the evidence was sufficient to support the jury's verdict regarding the plaintiff's crew member status, negligence, and damages, and that the verdict was not excessive.
• Perkins v. Standard OIL Co. OF Cal.
  474 F.2d 549· 9th Cir.· 1973-02-12 ·cited 18×
  The court held that attorneys' fees can be awarded for appellate services in private antitrust actions, but reduced the awarded amounts for the first and second Supreme Court proceedings, finding them excessive, while affirming the award for District Court ancillary proceedings.
• Spanos v. Penn Cent. Transp. Co.
  470 F.2d 806· 3d Cir.· 1972-12-12 ·cited 18×
  The court held that the district court's denial of a petition for appointment of counsel, without prejudice, was a final and appealable order.
• Outlaw v. State
  269 So. 2d 403· Fla. 4th DCA· 1972-11-22 ·cited 18×
  Robert Outlaw was convicted of first-degree murder and appealed, challenging the trial court's admission of preliminary hearing testimony from a witness the State could not locate at trial. The Fourth District affirmed, holding that the trial court did not abuse its discretion in
• United States v. Wade
  467 F.2d 1226· 8th Cir.· 1972-10-16 ·cited 18×
  The court held that the trial court did not abuse its discretion in extending the time for filing a notice of appeal and did not abuse its discretion in denying a mistrial motion based on a juror's prejudicial remark.
• United States v. Gray
  462 F.2d 164· 5th Cir.· 1972-06-26 ·cited 18×·via Abuse Of Discretion Standard For Severance
  The court held that the trial judge did not abuse his discretion in denying a severance or admitting a redacted confession, and that photographic identification procedures were not impermissibly suggestive.
• United States v. Rigdon
  459 F.2d 379· 6th Cir.· 1972-05-02 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the appellant's petitions for writs of habeas corpus ad testificandum to subpoena incarcerated witnesses.
• United States v. Hays
  454 F.2d 274· 9th Cir.· 1972-01-07 ·cited 18×
  The district court has jurisdiction to deny a motion for new trial during the pendency of an appeal, and Rule 33 only requires remand to grant such a motion.
• United States v. Dwaine C. Scott
  452 F.2d 660· 9th Cir.· 1971-12-21 ·cited 18×
  The court held that the circumstantial evidence, including fingerprint analysis on stolen items and a flashlight, was sufficient to justify submission to the jury and support the guilty verdict.
• Gulfstream Park Racing Ass'n, Inc. v. Division OF Pari-Mutuel Wagering
  253 So. 2d 429· Fla.· 1971-10-15 ·cited 18×·via Abuse Of Administrative Discretion
  Gulfstream Park Racing Association challenged the Department of Business Regulation's allocation of premium winter horse racing dates to rival Hialeah Race Course instead of to Gulfstream. The Florida Supreme Court found the Department abused its discretion by failing to remedy t
• United States v. Sposato
  446 F.2d 779· 2d Cir.· 1971-06-11 ·cited 18×·via Abuse Of Discretion Standard For New Trial Motions
  A new trial is not warranted based on newly discovered evidence of a government witness's alleged misconduct if that misconduct has not resulted in a conviction and the evidence would only serve to impeach the witness's general credibility.
• Lasley v. Gibb Cushing
  244 So. 2d 770· Fla. 1st DCA· 1971-03-02 ·cited 18×
  A minor plaintiff sued motel operators for injuries allegedly caused by a defective heating system. The trial court granted motions to dismiss/summary judgment and allowed 30 days to amend, but the plaintiff did not file an amended complaint until 13 months later. The appellate c
• United States v. Fairchild
  435 F.2d 972· 10th Cir.· 1970-12-29 ·cited 18×
  The court held that the trial court did not err in denying motions for continuance, severance, or election between counts, nor in its handling of defendant statements or sufficiency of evidence.
• United States v. Adams
  434 F.2d 756· 2d Cir.· 1970-11-18 ·cited 18×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial judge did not abuse his discretion in denying the appellant's motion for severance, as the offenses were properly joined and the jury was instructed to consider each count separately.
• Moore v. Greene
  431 F.2d 584· 9th Cir.· 1970-09-01 ·cited 18×
  The court held that the trial court did not abuse its discretion in admitting original promissory notes after trial, that the intentional infliction of mental distress claim was not time-barred and supported by sufficient evidence, and that one of the libel claims was privileged
• Lenward Brown v. La. & Ark. Ry. Co.
  429 F.2d 1265· 5th Cir.· 1970-07-21 ·cited 18×
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial based on excessive damages.
• The Bus. Dev. Corp. of N.C. v. United States
  428 F.2d 451· 4th Cir.· 1970-06-24 ·cited 18×
  The court held that the taxpayer failed to meet its burden of proving the Commissioner's disallowance of bad debt reserve additions was arbitrary or an abuse of discretion.
• United States v. Kirkman
  426 F.2d 747· 4th Cir.· 1970-05-26 ·cited 18×
  The court held that the sureties were entitled to full remission of the bond forfeiture because the Bail Reform Act was not properly followed, and they could not have prevented the defendant's actions. For the defendant, the court ordered partial remission, finding his actions wa
• Luna-Benalcazar v. Immigr. & Naturalization Serv.
  414 F.2d 254· 6th Cir.· 1969-07-31 ·cited 18×
  The court held that it has jurisdiction to review the denial of a motion to reopen deportation proceedings, but that the denial was not an abuse of discretion.
• United States v. Morefield
  411 F.2d 1186· 7th Cir.· 1969-06-16 ·cited 18×
  The court held that the trial court did not err in admitting testimony regarding a police lineup identification, evidence of the appellant's absence from his place of employment, or evidence of prior felony convictions for impeachment purposes.
• In re Peoples Loan & Inv. Co. OF Fort Smith v. Peoples Loan & Inv. Co. OF Fort Smith
  410 F.2d 851· 8th Cir.· 1969-04-23 ·cited 18×
  The court held that a Chapter XI proceeding was inappropriate for the debtor, and the case should have been transferred to Chapter X due to the nature of the public debt, the number of investors, and evidence of mismanagement.
• Nelms v. United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. of the United States & Canada
  405 F.2d 715· 5th Cir.· 1968-12-23 ·cited 18×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction to reinstate the plaintiff to union office and membership.
• Commissioner OF Internal Revenue v. Pepsi-Cola Niagara Bottling Corp.
  399 F.2d 390· 2d Cir.· 1968-06-28 ·cited 18×
  The dissenting judge would affirm the Tax Court's decision, finding the profit-sharing plan was not discriminatory.
• DELTA Theatres, Inc. v. Paramount Pictures, Inc.
  398 F.2d 323· 5th Cir.· 1968-06-24 ·cited 18×
• Williams v. United States
  394 F.2d 957· D.C. Cir.· 1968-04-05 ·cited 18×
  The court affirmed the conviction, finding that the trial judge did not err in admitting evidence of prior convictions for impeachment purposes.
• Hossein Hosseinmardi v. Immigr. & Naturalization Serv.
  405 F.2d 25· 9th Cir.· 1968-03-22 ·cited 18×
  The court denied the petition for rehearing, affirming the Board of Immigration Appeals' decision.
• Giordano v. McCARTNEY
  385 F.2d 154· 3d Cir.· 1967-10-18 ·cited 18×
  The court held that the trial court did not abuse its discretion in denying a new trial based on newly discovered evidence.
• OLD Dominion Stevedoring Corp. v. Polskie Linie Oceaniczne
  386 F.2d 193· 4th Cir.· 1967-08-02 ·cited 18×
  The court held that even with a factual misstatement in its prior opinion, the denial of a new trial motion by the lower court should not be disturbed if the damages awarded were not so out of proportion as to evince prejudice or a mistaken view.
• Hall v. Hall
  200 So. 2d 544· Fla. 3d DCA· 1967-06-20 ·cited 18×
  In this divorce appeal, the Florida District Court of Appeal addressed whether a trial court could award attorney's fees to a wife's counsel when the wife's divorce claim failed but the husband's counterclaim succeeded, and whether the awarded fee of $17,500 was excessive. The co
• Island Airlines v. Civil Aeronautics Bd.
  363 F.2d 120· 9th Cir.· 1966-07-08 ·cited 18×
  The court held that the Civil Aeronautics Board (CAB) did not err in denying Island Airlines' petition for an exemption from economic regulation for inter-island flights in Hawaii, and that procedural objections not raised before the CAB are waived.
• Edwards v. United States
  361 F.2d 732· 8th Cir.· 1966-06-17 ·cited 18×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not err in denying the motion for a new trial based on newly discovered evidence, nor in failing to sua sponte instruct the jury regarding a witness's Fifth Amendment invocation.
• Smith v. United States
  359 F.2d 481· 8th Cir.· 1966-04-29 ·cited 18×
  The court held that the district court did not err in denying the motion to withdraw a guilty plea, as it was entered voluntarily and intelligently.
• Natural Res., Inc. v. Wineberg
  349 F.2d 685· 9th Cir.· 1965-08-02 ·cited 18×
  A purchaser is deemed to have constructive notice of a prior unrecorded deed if the property is possessed by another, especially when signs indicate a possessory claim, thus precluding the purchaser from being considered a bona fide purchaser.
• Fernandez-Gonzalez v. Immigr. & Naturalization Serv.
  347 F.2d 737· 7th Cir.· 1965-06-21 ·cited 18×
  The denial of voluntary departure was not an abuse of discretion, as it is a matter of administrative grace even when statutory prerequisites are met.
• Stinebower v. Scala
  331 F.2d 366· 7th Cir.· 1964-05-01 ·cited 18×
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion for a new trial, as the grounds were vague and there was no showing of actionable negligence by the defendant.
• Bergh v. Bergh
  160 So. 2d 145· Fla. 1st DCA· 1964-01-30 ·cited 18×
  In this family law appeal, a divorced husband sought to reduce his alimony and child support obligations, claiming material changes in his financial circumstances. The trial court denied the modification petition, and the appellate court affirmed, finding no abuse of discretion d
• Reiss v. United States
  324 F.2d 680· 1st Cir.· 1963-11-01 ·cited 18×·via Abuse Of Discretion Standard For Continuance
  The court affirmed convictions for conspiracy to defraud the United States against some appellants but reversed the conviction of one appellant, finding insufficient evidence.
• Jefferson Davis Broadus and Joe Curt Coleman v. United States
  317 F.2d 212· 5th Cir.· 1963-05-22 ·cited 18×
  The court held that the trial court did not abuse its discretion in revoking probation because there was ample evidence of violations and any potentially inadmissible evidence was stricken.
• Chemetron Corp. v. Honorable Joseph Samuel Perry
  295 F.2d 703· 7th Cir.· 1961-10-17 ·cited 18×
  The court held that a writ of mandamus will not issue because the petitioner failed to demonstrate a clear abuse of discretion by the district court in ordering the transfer of the case.
• Janousek v. French
  287 F.2d 616· 8th Cir.· 1961-02-23 ·cited 18×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying plaintiffs' motions for continuance and dismissing their actions for failure to prosecute or comply with court rules.
• Blue Mountain Constr. Co. v. Werner
  270 F.2d 305· 9th Cir.· 1959-08-19 ·cited 18×
  The trial court did not abuse its discretion in dismissing the action with prejudice for want of prosecution and defiance of a court order.
• Gilbert v. Gilbert
  105 So. 2d 379· Fla. 3d DCA· 1958-09-30 ·cited 18×
  The appellate court affirmed a lower court's temporary order awarding alimony, child support, and attorney's fees in a divorce case. The court found no clear abuse of discretion by the chancellor in making these temporary awards.
• United States v. Williams
  254 F.2d 253· 3d Cir.· 1958-03-25 ·cited 18×
  The court held that the trial judge did not abuse his discretion in compelling the defendant to go to trial at the time set, nor was the sentence imposed excessive given the circumstances.
• Emerson v. Nat'l Cylinder GAS Co.
  251 F.2d 152· 1st Cir.· 1958-01-15 ·cited 18×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not err in finding that the Sinnett patent and Claim 9 of the second patent were not inventive over the prior art, and that the district court correctly dismissed a counterclaim for lack of a justiciable controversy.