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. Harris
  441 F.2d 1333· 10th Cir.· 1971-05-13 ·cited 78×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not err in overruling motions for mistrial, continuance, severance, or acquittal, and that the defendants received a fair trial.
• Morgan v. Campbell
  816 So. 2d 251· Fla. 2d DCA· 2002-05-17 ·cited 77×
  A trial court may dismiss a plaintiff's complaint with prejudice as a sanction when the plaintiff perpetrates fraud on the court by giving false testimony about matters central to the claim, and dismissal is a reasonable sanction when the plaintiff provides half-truths and omissi
• Fashion House, Inc. v. K Mart Corp.
  892 F.2d 1076· 1st Cir.· 1989-12-19 ·cited 77×
  The court held that the district court erred in its interpretation of the contract's 'agreeing-to-agree' provision regarding apparel, but correctly interpreted the 'prior orders' exclusion. The court also affirmed the discovery sanctions imposed on K mart.
• Asberry v. United States Postal Serv.
  692 F.2d 1378· Fed. Cir.· 1982-11-12 ·cited 77×
  The Merit Systems Protection Board (MSPB) did not abuse its discretion in denying a petition for review of a settlement agreement that rendered the underlying appeal moot.
• Deerfield Med. Ctr. v. City OF Deerfield Beach
  661 F.2d 328· 5th Cir.· 1981-11-13 ·cited 77×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the district court abused its discretion in denying plaintiffs' motion for a preliminary injunction, as the city's zoning decision interfered with a fundamental right and was not justified by legitimate state interests.
• Fitzgerald v. Texaco, Inc.
  521 F.2d 448· 2d Cir.· 1975-06-25 ·cited 77×
  The dissent argues that the forum non conveniens doctrine should not apply to dismiss the case, asserting that justice requires retaining jurisdiction in American courts.
• Gen. Dynamics Corp. v. Selb Mfg. Co.
  481 F.2d 1204· 8th Cir.· 1973-07-30 ·cited 77×
  The court affirmed the trial court's decision to dismiss counterclaims and strike affirmative defenses due to non-compliance with discovery orders, finding no abuse of discretion. It also affirmed the application of Texas substantive law to the tort claim.
• Lowell Lyons v. United States
  325 F.2d 370· 9th Cir.· 1963-11-20 ·cited 77×
  The court held that the trial court did not commit plain or reversible error in its jury instructions or in denying motions for disqualification and transfer, and that the appellant received adequate representation.
• Smith v. State
  866 So. 2d 51· Fla.· 2004-01-29 ·cited 76×
  Lawrence Joey Smith was convicted of first-degree murder and attempted first-degree murder and sentenced to death. The Florida Supreme Court affirmed the convictions and the life sentence for attempted murder, but remanded for resentencing on the murder conviction because the tri
• Jimenez v. State
  703 So. 2d 437· Fla.· 1997-10-30 ·cited 76×
  Jose Antonio Jimenez was convicted of first-degree murder and burglary of an occupied dwelling with assault and battery for beating and stabbing to death 63-year-old Phyllis Minas in her home on October 2, 1992. The Florida Supreme Court affirmed his conviction and death sentence
• Marcel Verbraeken v. Westinghouse Elec. Corp.
  881 F.2d 1041· 11th Cir.· 1989-08-29 ·cited 76×·via Abuse Of Discretion Standard For New Trial Motions
  The court affirmed the denial of Westinghouse's motions for judgment notwithstanding the verdict and new trial, but remanded for the district court to explain its denial of Mr. Verbraeken's requested supplemental relief.
• United States v. Dinitz
  538 F.2d 1214· 5th Cir.· 1976-09-20 ·cited 76×
  The court's majority opinion (not fully provided here) likely held that the trial court did not err in denying the attorney's pro hac vice admission, despite a prior similar case.
• Harrington v. United States
  504 F.2d 1306· 1st Cir.· 1974-10-24 ·cited 76×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in denying the plaintiffs' motions for directed verdict and in its evidentiary rulings and jury instructions, affirming the judgment against the plaintiffs.
• United States v. Binder
  769 F.2d 595· 9th Cir.· 1985-08-22 ·cited 75×
  The court held that the district judge did not abuse his discretion in replaying videotaped testimony or admitting expert testimony regarding children's ability to discern truth from fantasy.
• LeSPORTSAC, Inc. v. K Mart Corp.
  754 F.2d 71· 2d Cir.· 1985-01-24 ·cited 75×
  The court affirmed the district court's grant of a preliminary injunction, finding that LeSportsac raised serious questions regarding trade dress infringement and that the balance of hardships tipped in its favor.
• Apple Computer, Inc. v. Formula Int'l Inc.
  725 F.2d 521· 9th Cir.· 1984-02-08 ·cited 75×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against Formula for copyright and trademark infringement, affirming the lower court's decision.
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• United States v. James ("Jake") Rohrer
  708 F.2d 429· 9th Cir.· 1983-05-25 ·cited 75×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the defendants' convictions for drug offenses were supported by sufficient evidence and that no reversible errors occurred during the trial.
• United States v. City OF Alexandria
  614 F.2d 1358· 5th Cir.· 1980-04-10 ·cited 75×
• Coppolino v. State
  223 So. 2d 68· Fla. 2d DCA· 1968-11-08 ·cited 75×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Carl Coppolino was convicted of second-degree murder in the poisoning death of his wife Carmela, despite being charged with first-degree murder. The appellate court affirmed the conviction, finding that novel forensic evidence detecting succinylcholine chloride was admissible, th
• Dwyn Daniels Robbie v. Robbie
  591 So. 2d 1006· Fla. 4th DCA· 1991-12-18 ·cited 74×
  In this dissolution of marriage case, the Florida Fourth District Court of Appeal reversed a trial court's award of temporary alimony and interim attorney's fees as an abuse of discretion, finding the amounts inadequate given the substantial disparity in the parties' financial re
• United States v. Smith
  918 F.2d 1501· 11th Cir.· 1990-12-14 ·cited 74×
  The court affirmed most convictions but vacated sentences for multiple firearm offenses for Hicks and A.J. Smith, remanding for resentencing.
• United States v. Zambrana
  841 F.2d 1320· 7th Cir.· 1988-03-07 ·cited 74×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying a continuance and that the wiretap affidavits sufficiently demonstrated the necessity of electronic surveillance.
• United States v. Drake Williams
  809 F.2d 1072· 5th Cir.· 1987-01-29 ·cited 74×
  The court affirmed most convictions but reversed some for specific defendants, finding that plea agreements did not preclude further indictment and that informal use immunity granted to Grossman was binding.
• Reta L. McCANTS v. Ford Motor Co., Inc.
  781 F.2d 855· 11th Cir.· 1986-02-03 ·cited 74×
  The court held that the district court did not abuse its discretion by dismissing the case without prejudice, but remanded for the district court to consider imposing conditions on the dismissal.
• Reactive Metals & Alloys Corp. v. ESM
  769 F.2d 1578· Fed. Cir.· 1985-08-09 ·cited 74×
  The court should affirm the trial judge's finding of exceptional circumstances to award attorney fees and the decision to reopen discovery.
• B.G. Wasden v. Seaboard Coast Line R.R. Co.
  474 So. 2d 825· Fla. 2d DCA· 1985-06-12 ·cited 74×
  A trainman injured when his railroad employer's trestle collapsed sued for damages. The jury awarded $925,000 in a trial where liability was admitted and only damages were disputed. The trial judge granted a new trial and mistrial based on alleged improper remarks in plaintiff's
• Metlyn Realty Corp. & Kapflor Corp. v. Esmark, Inc.
  763 F.2d 826· 7th Cir.· 1985-05-16 ·cited 74×
  The court held that the district court did not abuse its discretion in refusing to reopen a settlement approval, as the alleged misrepresentations by an expert witness did not affect the original decision and were not attributable to the opposing party.
• Mrs. Christine Keyes v. Lauga
  635 F.2d 330· 5th Cir.· 1981-01-26 ·cited 74×
  The court held that the trial court did not abuse its discretion in refusing to admit rebuttal witnesses and that the jury instructions and interrogatories were sufficient. However, the damages awarded were excessive.
• United States v. Luttetus Perry
  550 F.2d 524· 9th Cir.· 1977-03-22 ·cited 74×
  The court held that the trial court did not abuse its discretion in handling jury voir dire, admitting rebuttal testimony, or limiting cross-examination, and that the evidence was sufficient to support a conviction for a single conspiracy.
• In re Grand Jury Proceedings. Appeal of Jacqueline Schofield
  507 F.2d 963· 3d Cir.· 1975-01-16 ·cited 74×
  The court held that the district court did not abuse its discretion in enforcing a grand jury subpoena where the government's affidavit met the minimum showing requirements of Schofield I, even if the information was scant.
• Song Jook SUH v. Rosenberg
  437 F.2d 1098· 9th Cir.· 1971-02-11 ·cited 74×
  A prematurely filed notice of appeal becomes effective when the appealable judgment becomes final, and the appellate court has jurisdiction. The denial of a cosmetology instructor's petition for professional classification was not an abuse of discretion.
• Files v. State
  613 So. 2d 1301· Fla.· 1992-12-10 ·cited 73×
  The Florida Supreme Court answered a certified question regarding the standard of appellate review for trial court findings on whether a prosecutor's use of peremptory challenges against prospective black jurors was race-neutral and non-pretextual. The court held that the abuse o
• United States v. Douglass
  780 F.2d 1472· 9th Cir.· 1986-01-21 ·cited 73×
  The court held that the jury instructions regarding the firearms charge were proper, the evidence was sufficient to support the convictions, and the denial of severance was not an abuse of discretion.
• Dilar S. Booker v. State
  482 So. 2d 414· Fla. 2d DCA· 1985-12-13 ·cited 73×
  Dilar Booker appeals his resentencing to 25 years consecutive imprisonment after probation revocation, arguing the trial court violated sentencing guidelines. The appellate court affirms the departure from guidelines, finding clear and convincing reasons based on the defendant's
• Indianapolis Colts v. Mayor & City Council OF Baltimore
  775 F.2d 177· 7th Cir.· 1985-10-11 ·cited 73×
  The court held that the district court did not abuse its discretion in denying the motion for attorneys' fees and expenses, nor in denying discovery related to those fees.
• Hewitt v. The B.F. Goodrich Co.
  732 F.2d 1554· 11th Cir.· 1984-05-29 ·cited 73×
  The court held that the trial judge abused his discretion in granting a new trial because the jury's verdict was not against the great weight of the evidence.
• Yesnes v. State
  440 So. 2d 628· Fla. 1st DCA· 1983-11-16 ·cited 73×
  Harold Yesnes was convicted of seven counts involving sexual battery and child sexual abuse material. The appellate court affirmed his convictions in part but reversed on the suppression and plea withdrawal issues, finding the search warrant affidavit legally insufficient under b
• United States v. Hobson
  672 F.2d 825· 11th Cir.· 1982-03-24 ·cited 73×
  The court held that disqualification based on an appearance of impropriety in a criminal case requires a careful balancing of public suspicion against the defendant's Sixth Amendment right to counsel of choice, and that the risk of suspicion here did not outweigh the defendant's
• United States v. Hendrix
  549 F.2d 1225· 9th Cir.· 1977-01-17 ·cited 73×
  The court held that the district judge did not abuse his discretion in the procedure followed to address allegations of juror bias, nor did the alleged bias prejudice the defendant.
• State OF Tex. v. Seatrain Int'l
  518 F.2d 175· 5th Cir.· 1975-08-28 ·cited 73×
  A federal court may issue a preliminary injunction to maintain the status quo pending an FMC decision, even if joint sea/rail rates are involved, but the district court abused its discretion by granting the injunction in this case.
• Ault v. State
  53 So. 3d 175· Fla.· 2010-09-30 ·cited 72×
  Howard Steven Ault was sentenced to death for the murders of two young sisters after his prior death sentences were vacated for improper jury selection. On this second direct appeal, the Florida Supreme Court affirmed the death sentences while finding that the trial court committ
• Ciba-Geigy Ltd. v. The Fish Peddler, Inc.
  691 So. 2d 1111· Fla. 4th DCA· 1997-03-26 ·cited 72×
  The Fourth District Court of Appeal reversed the trial court's denial of defendants' motion to dismiss for forum non conveniens in a product liability case brought by Ecuadorian shrimp farmers against chemical manufacturers in Florida. The court held that under the recently adopt
• United States v. Funt
  896 F.2d 1288· 11th Cir.· 1990-03-22 ·cited 72×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the convictions, holding that the evidence was sufficient to support the jury's verdicts, the district court did not abuse its discretion in evidentiary rulings, and the sentencing determination was proper.
• Bruce v. United States
  759 F.2d 755· 9th Cir.· 1985-05-03 ·cited 72×
  A taxpayer who did not personally make an overpayment and has no financial interest in the refund lacks standing to sue for a tax refund, even if they were the person assessed.
• Farnsworth v. The Procter & Gamble Co.
  758 F.2d 1545· 11th Cir.· 1985-04-29 ·cited 72×
  The court held that the district court did not abuse its discretion in granting a protective order denying access to the names and addresses of participants in a Toxic Shock Syndrome study.
• United States v. Warner
  690 F.2d 545· 6th Cir.· 1982-09-13 ·cited 72×·via Abuse Of Discretion Standard For Severance
  The court held that a fatal variance existed between the indictment charging a single conspiracy and the proof showing multiple conspiracies, requiring reversal of the conspiracy conviction. The court also found that the prejudicial spillover from the conspiracy evidence required
• Jong Ha Wang and Kyung Hwa Wang v. Immigr. & Naturalization Serv.
  622 F.2d 1341· 9th Cir.· 1980-06-04 ·cited 72×
• Planned Parenthood OF Minn., Inc. v. Citizens FOR Cmty. Action
  558 F.2d 861· 8th Cir.· 1977-06-10 ·cited 72×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction and erred in denying the motion to intervene. The appeal was not moot.
• Knute Swanson v. Am. Consumer Indus., Inc.
  517 F.2d 555· 7th Cir.· 1975-05-29 ·cited 72×
  The court held that the attorneys' fees award was inadequate because the district court erroneously disallowed fees for time spent litigating the consequences of the securities law violation. The court increased the award to $40,000.