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. Levine
  700 F.2d 1176· 8th Cir.· 1983-02-22 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the motion to dismiss the indictment, the motion to exclude statements, or the motion to prevent the use of prior convictions for impeachment.
• Hindu Incense v. Meadows
  692 F.2d 1048· 6th Cir.· 1982-11-18 ·cited 16×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the district court did not err in enjoining the defendants' use of the 'Genie' mark on candles, nor in denying attorney fees, as the infringement was not deemed exceptional.
• Shook & Fletcher Insulation Co. v. Cent. Rigging & Contracting Corp.
  684 F.2d 1383· 11th Cir.· 1982-09-07 ·cited 16×
  The court held that the trial court erred in denying prejudgment interest and in refusing to apply the amended statutory post-judgment interest rate, reversing that part of the decision.
• Int'l Patrol & Detective Agency Co., Inc. v. AETNA Cas. & Sur. Co.
  419 So. 2d 323· Fla.· 1982-08-26 ·cited 16×
• Sweet v. United States
  687 F.2d 246· 8th Cir.· 1982-08-26 ·cited 16×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that the plaintiff failed to prove causation between the government's alleged negligence and his mental condition, affirming the district court's judgment.
• Gomez-Gomez v. Immigr. & Naturalization Serv.
  681 F.2d 1347· 11th Cir.· 1982-08-02 ·cited 16×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the petitioner's motion to reopen deportation proceedings.
• Potlatch Corp. v. United States
  679 F.2d 153· 9th Cir.· 1982-06-08 ·cited 16×
  The court held that conditioning the government's expert testimony on payment of $10,000 was an improper monetary sanction against the United States.
• Stotts v. Memphis Fire Dep't
  679 F.2d 579· 6th Cir.· 1982-05-07 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely, affirming the denial.
• Gulf Water Benefaction Co. v. The Pub. Util. Comm'n OF Tex. & the State of Tex.
  674 F.2d 462· 5th Cir.· 1982-04-30 ·cited 16×·via Abuse Of Discretion (Appellate Review)
  The court held that the bankruptcy court properly abstained from exercising jurisdiction over state utility rate-making disputes, and that the Chapter XI petition was appropriately dismissed due to lack of prosecution and prospect of arrangement.
• United States v. Malmay
  671 F.2d 869· 5th Cir.· 1982-03-31 ·cited 16×
  The court held that 42 U.S.C. § 1973i(c) applies to vote buying in an election that includes federal candidates, even if the intent was only to influence a local election, because such actions have the potential to affect the federal election's integrity.
• United States v. SAM Goody, Inc.
  675 F.2d 17· 2d Cir.· 1982-03-15 ·cited 16×
  The court, bound by precedent, affirmed the order granting a new trial, despite the concurring judge's belief that the order was an abuse of discretion and should be appealable.
• Livingston Powdered Metal, Inc. v. Nat'l Labor Relations Bd.
  669 F.2d 133· 3d Cir.· 1982-01-25 ·cited 16×
  The court held that the National Labor Relations Board abused its discretion by entering a default judgment against an employer for a late-filed answer, when good cause existed for the delay and the employer asserted a potentially meritorious defense.
• Harman v. Pauley
  678 F.2d 479· 4th Cir.· 1982-01-19 ·cited 16×
  The court held that the district court did not abuse its discretion in refusing to vacate its final judgment under Rule 60(b)(6) when the movant had a separate pending action to enforce the settlement agreement.
• United States v. Skeet
  665 F.2d 983· 9th Cir.· 1982-01-15 ·cited 16×
  The court held that the trial court erred in its jury instructions regarding assault and in failing to instruct the jury on lesser included offenses, necessitating a new trial.
• United States v. Ness
  665 F.2d 248· 8th Cir.· 1981-12-08 ·cited 16×
  The court held that the trial court did not abuse its discretion in excluding testimony regarding the defendant's intent and evidence of subsequent collateralization of funds, as such evidence was irrelevant to the charge of misapplication of bank funds.
• McDONOUGH v. United States Postal Serv.
  666 F.2d 647· 1st Cir.· 1981-11-18 ·cited 16×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal from the Postal Service was reasonable and supported by a preponderance of the evidence.
• Pang KIU Fung v. Immigr. & Naturalization Serv.
  663 F.2d 417· 2d Cir.· 1981-11-06 ·cited 16×
  The court affirmed the Board of Immigration Appeals' denial of the motion to reopen deportation proceedings and dismissed the petition for review of the District Director's denial of a stay of deportation.
• Smith v. State
  404 So. 2d 167· Fla. 1st DCA· 1981-09-29 ·cited 16×
  A trial court abuses its discretion by unduly restricting cross-examination regarding a witness's generalized racial bias when such questioning is probative of potential bias affecting credibility, and the court's failure to instruct the jury on minimum and maximum penalties is r
• Westwood Chem. Co., Inc. v. Kulick
  656 F.2d 1224· 6th Cir.· 1981-08-21 ·cited 16×
  The court held that the prior Ninth Circuit decision, interpreting the release agreement, was res judicata and barred Westwood from taking discovery depositions of Dart executives.
• Adolph Lyons v. City OF LOS Angeles
  656 F.2d 417· 9th Cir.· 1981-08-17 ·cited 16×
  The court affirmed the order granting a preliminary injunction and dismissed the cross-appeal.
• Bamm, Inc. v. GAF Corp.
  651 F.2d 389· 5th Cir.· 1981-07-23 ·cited 16×
  The court held that the district court abused its discretion in denying Bamm's motion for leave to amend its complaint.
• Meltzer v. Meltzer
  400 So. 2d 32· Fla. 3d DCA· 1981-05-19 ·cited 16×
  The court held that the trial court did not abuse its discretion in increasing child support and awarding attorney fees, nor in limiting the retroactivity of the child support increase.
• United States v. PRY
  625 F.2d 689· 5th Cir.· 1980-09-12 ·cited 16×
  The court held that the district court did not abuse its discretion in denying a change of venue and properly admitted evidence of prior unfiled tax returns. The court also affirmed the sentence, interpreting 18 U.S.C. § 4205(f) to allow for a sentence of 10 months imprisonment,
• Axinn & Sons Lumber Co., Inc.
  627 F.2d 631· 2d Cir.· 1980-08-11 ·cited 16×
  The court held that a writ of mandamus would not issue to compel a district judge to approve a class action settlement, as there was no clear abuse of discretion in his disapproval.
• Wing Ding Chan v. Immigr. & Naturalization Serv.
  631 F.2d 978· D.C. Cir.· 1980-08-04 ·cited 16×
  The Board of Immigration Appeals did not err in denying the petitioner's application for adjustment of status, as its factual findings were supported by substantial evidence and its discretionary decision was not an abuse of discretion.
• United States v. Ramirez
  622 F.2d 898· 5th Cir.· 1980-08-01 ·cited 16×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the trial court's limitation on defense counsel's cross-examination did not violate the appellant's Sixth Amendment right to confrontation.
• Rittmiller v. Blex OIL, Inc.
  624 F.2d 857· 8th Cir.· 1980-07-11 ·cited 16×
  The court held that the district court did not abuse its discretion in denying preliminary injunctive relief on both antitrust and franchise claims due to insufficient showings of irreparable harm, decisive balance of hardships, or violation of the Minnesota franchise statute.
• United States v. City OF Chicago
  631 F.2d 469· 7th Cir.· 1980-07-09 ·cited 16×
  The court held that the district judge did not abuse his discretion in approving the City's plan to strike the 1973 sergeant's promotional roster after filling existing vacancies, as it complied with state law and equitable principles.
• Obitz v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  623 F.2d 1331· 9th Cir.· 1980-06-16 ·cited 16×
  The court held that the approval of a visa petition establishing statutory eligibility for adjustment of status does not, in itself, constitute new evidence bearing on whether the Attorney General should exercise discretion to grant that status, and thus does not require reopenin
• Alexander v. Gino's, Inc.
  621 F.2d 71· 3d Cir.· 1980-05-05 ·cited 16×
  A plaintiff who loses on the merits of her individual claims still has standing to appeal the denial of class certification, but the denial of class certification itself will be affirmed if the district court did not abuse its discretion in finding that the requirements of Rule 2
• Halderman v. Pennhurst State Sch. & Hosp.
  612 F.2d 131· 3d Cir.· 1979-12-13 ·cited 16×
  The court affirmed the denial of the motion to intervene, finding the district court's jurisdictional error harmless because the applicants' interests were adequately represented by other parties and they had other avenues to present their views.
• United States v. Boyd
  606 F.2d 792· 8th Cir.· 1979-09-28 ·cited 16×
  The court held that mailings used to obtain funds for a fraudulent scheme are within the mail fraud statute, but legally compelled mailings after the scheme's completion are not. The court also held that allowing a witness to refresh recollection from a report and admitting summa
• Nat'l Labor Relations Bd. v. Fenway Cambridge Motor Hotel
  601 F.2d 33· 1st Cir.· 1979-07-10 ·cited 16×
  The court held that the National Labor Relations Board did not abuse its discretion in certifying an election despite allegations of Board agent misconduct, as the conduct did not tend to destroy confidence in the election process.
• In re Smith
  600 F.2d 714· 8th Cir.· 1979-06-26 ·cited 16×
  The district court did not abuse its discretion in denying the petitioner's request to proceed in forma pauperis.
• United States v. Makres
  598 F.2d 1072· 7th Cir.· 1979-05-08 ·cited 16×
  The court held that a trial judge did not abuse discretion in dismissing a late juror and that cumulative punishment for possessing stolen mail and uttering forged Treasury checks is permissible under the Blockburger test.
• Hoffmann v. Alside, Inc.
  596 F.2d 822· 8th Cir.· 1979-04-27 ·cited 16×
  The court held that the district court did not abuse its discretion in permitting the plaintiff to voluntarily dismiss the case without prejudice, even if the dismissal was to circumvent a prior ruling.
• United States & Harold Clements, II v. Sw. Nat'l Bank
  598 F.2d 600· Temp. Emer. Ct. App.· 1979-03-29 ·cited 16×
  The court held that the district court correctly denied motions for rehearing and intervention because the new evidence presented was irrelevant to the subpoena enforcement proceeding and did not demonstrate an abuse of discretion.
• Irene (Salazar) Comacho v. Colo. Elec. Tech. Coll., Inc.
  590 F.2d 887· 10th Cir.· 1979-01-25 ·cited 16×
  The court held that an offer of reinstatement without back pay does not relieve an employer from further liability for back pay awards under Title VII, and that the trial court did not abuse its discretion in awarding back pay or attorney fees.
• ED Houser Enters., Inc. v. Gen. Motors Corp.
  595 F.2d 366· 7th Cir.· 1978-12-21 ·cited 16×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that a franchised automobile dealer failed to present sufficient evidence of coercion to support a claim under the Automobile Dealers' Day in Court Act and that challenges to a jury verdict and evidentiary rulings were improperly raised or meritless.
• Lang v. Wyrick
  590 F.2d 257· 8th Cir.· 1978-12-19 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the motion to set aside the judgment of dismissal.
• United States v. Hiscott
  586 F.2d 1271· 8th Cir.· 1978-11-15 ·cited 16×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court erred in failing to instruct the jury that the stolen vehicle must still be a part of or constitute interstate commerce at the time of the sale, not merely that it had moved in interstate commerce.
• Sec. & Exch. Comm'n v. Warren
  583 F.2d 115· 3d Cir.· 1978-09-01 ·cited 16×
  The court held that the district court did not abuse its discretion in dissolving a permanent injunction because the original violation was technical, there was little likelihood of recurrence, and the injunction caused undue hardship due to changed circumstances and regulations.
• In re the Special February 1977 Grand Jury. Appeal of United States
  581 F.2d 1262· 7th Cir.· 1978-08-11 ·cited 16×
  The denial of a motion to disqualify an attorney representing multiple witnesses in a federal grand jury proceeding is appealable under the collateral order doctrine, and the district court did not abuse its discretion in denying the motion absent a showing of actual conflict or
• Nat'l Labor Relations Bd. v. Spring Rd. Corp.
  577 F.2d 586· 9th Cir.· 1978-06-27 ·cited 16×
  The court held that the National Labor Relations Board did not abuse its discretion in overruling the employers' objections to a representation election without a full evidentiary hearing, and that the union's offer to waive initiation fees was permissible.
• United States v. Johnston
  578 F.2d 1352· 10th Cir.· 1978-06-16 ·cited 16×
  The court held that the trial court did not abuse its discretion in refusing to exclude a witness's testimony despite a violation of the sequestration rule, as there was no indication of intentional disregard and the judge observed no apparent effect on the testimony.
• Trs. OF Boston Univ. v. Nat'l Labor Relations Bd.
  575 F.2d 301· 1st Cir.· 1978-04-13 ·cited 16×
  The court held that the Board did not abuse its discretion in determining department chairpersons were not supervisors, excluding certain faculties from the bargaining unit, overruling the election objection, and denying FOIA disclosure. The court also affirmed the denial of the
• Meat Price Investigators Ass'n v. Spencer Foods, Inc.
  572 F.2d 163· 8th Cir.· 1978-03-03 ·cited 16×
  An order denying a motion to disqualify counsel is appealable under the collateral order doctrine, and the denial of such a motion will be affirmed if the moving party fails to show sufficient prejudice.
• Watts v. Magdalene Booth Watts
  355 So. 2d 222· Fla. 1st DCA· 1978-02-24 ·cited 16×
• Edwards v. Joyner
  566 F.2d 960· 5th Cir.· 1978-01-27 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion, and this denial is affirmed.
• Division OF Administration v. Denmark
  354 So. 2d 100· Fla. 4th DCA· 1978-01-04 ·cited 16×·via Abuse Of Discretion Standard On Appeal
  The Florida Fourth District Court of Appeal affirmed an $85,000 attorney's fee award in a condemnation case where the property owner's attorney secured a $365,600 verdict, far exceeding the State's $117,000 offer. The court rejected the appellant State's argument that the fee was