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. Cora Hall
  565 F.2d 1052· 8th Cir.· 1977-11-22 ·cited 16×
  The court held that the district court did not abuse its discretion in admitting evidence of the defendant's attempts to influence a witness and handwriting exemplars, as their probative value was not substantially outweighed by their prejudicial effect.
• Wilson v. Moore & Assocs., Inc.
  564 F.2d 366· 9th Cir.· 1977-11-11 ·cited 16×
  The court should have vacated the default judgment because the defendant's actions constituted an appearance, entitling him to notice of the default judgment application.
• Cisneros v. Corpus Christi Indep. Sch. Dist.
  560 F.2d 190· 5th Cir.· 1977-09-14 ·cited 16×
  Parents seeking to intervene in a school desegregation case have no statutory right of intervention and the district court did not abuse its discretion in denying their motions.
• Republic Nat'l Life Ins. Co. v. Valdes
  348 So. 2d 566· Fla. 3d DCA· 1977-06-14 ·cited 16×
  Republic National Life Insurance Company appealed a jury verdict awarding accidental death benefits to the widow of an insured who died from a gunshot wound inflicted by his son. The court affirmed, holding that sufficient evidence supported the jury's finding that the death was
• Essix v. State
  347 So. 2d 664· Fla. 3d DCA· 1977-05-31 ·cited 16×
  The trial judge did not abuse discretion in restricting voir dire.
• United States v. Morgan
  567 F.2d 479· D.C. Cir.· 1977-05-31 ·cited 16×
  The court held that the trial court abused its discretion in denying the defendant's motion to withdraw his guilty pleas, as the "fair and just" standard for presentence withdrawal should have been applied given the new evidence of potential insanity.
• Am. Emp'rs' Ins. Co. v. King Res. Co.
  556 F.2d 471· 10th Cir.· 1977-05-25 ·cited 16×
  The court held that the district court's order rescinding the insurance policy as void ab initio and approving the modified settlement agreement was supported by substantial evidence and was a fair, adequate, and reasonable compromise.
• Benson v. Matthews
  554 F.2d 860· 8th Cir.· 1977-05-04 ·cited 16×
  The court affirmed the district court's grant of summary judgment for the Secretary, finding the decision supported by substantial evidence and no abuse of discretion in denying the motion to vacate.
• United States v. Karol Numen Bailey
  550 F.2d 1099· 8th Cir.· 1977-03-02 ·cited 16×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the trial court did not abuse its discretion in refusing to compel the disclosure of a third purchaser's name, as the defendant failed to show prejudice or the favorable nature of the testimony.
• In re Blair v. Blair
  538 F.2d 849· 9th Cir.· 1976-07-19 ·cited 16×
  The court held that the record was sufficient to justify the bankruptcy judge's approval of the compromise, and that the bankruptcy judge did not abuse his discretion.
• Elgiro Daniel v. United States Immigr. & Naturalization Serv.
  528 F.2d 1278· 5th Cir.· 1976-03-22 ·cited 16×
  The court held that the petitioners failed to demonstrate that the INS action was arbitrary, capricious, or an abuse of discretion, and denied their petition for relief.
• Crockett v. Green
  534 F.2d 715· 7th Cir.· 1976-03-19 ·cited 16×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction that included class action certification and ratio hiring provisions to address racial discrimination in skilled craft positions.
• Golden Holiday Tours v. Civil Aeronautics Bd.
  531 F.2d 624· D.C. Cir.· 1976-03-03 ·cited 16×·via Abuse Of Administrative Discretion
  The Civil Aeronautics Board (CAB) abused its discretion by rejecting an amendment to an inclusive tour prospectus, as the rejection was arbitrary, disproportionate to the alleged violation, and failed to serve the rule's purpose of protecting travellers.
• United States v. Manuszak
  532 F.2d 311· 3d Cir.· 1976-01-16 ·cited 16×
  The court held that the district court did not abuse its discretion in revoking the appellant's probation based on evidence of his gambling activities, even though he was acquitted of state gambling charges.
• United States v. ST. Laurent
  521 F.2d 506· 1st Cir.· 1975-08-22 ·cited 16×
  The court held that the district court abused its discretion by peremptorily suppressing wiretap evidence without giving the government a reasonable opportunity to provide further proof of authorization after a prior judge had found similar evidence sufficient.
• The Chase Manhattan Bank (National Association) v. Corporacion Hotelera de Puerto RICO
  516 F.2d 1047· 1st Cir.· 1975-05-14 ·cited 16×
  The court held that the municipality's motion to intervene was untimely, and thus the district court did not abuse its discretion in denying it.
• Spencer v. Mrs. Rochelle Terebelo Spencer
  305 So. 2d 256· Fla. 3d DCA· 1974-12-31 ·cited 16×
  In this consolidated appeal from a Florida divorce proceeding, the court affirmed a trial court's award of permanent child custody to the mother and child support to the appellee, but reduced the attorney's fee award. The case arose after the mother fled Louisiana with the childr
• Virgin Islands Nat'l Bank v. Tyson
  506 F.2d 802· 3d Cir.· 1974-12-30 ·cited 16×
  The court held that the district court did not abuse its discretion in denying a motion for relief from an order confirming a judicial sale, as the appellant failed to establish grounds for such relief under Rule 60(b) and did not timely raise objections as required by statute.
• United States v. Burden
  497 F.2d 385· 8th Cir.· 1974-06-13 ·cited 16×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and admitting expert testimony.
• James v. Lusby
  499 F.2d 488· D.C. Cir.· 1974-04-24 ·cited 16×
  The District Court did not abuse its discretion in certifying the case to the Superior Court because the record did not demonstrate to a legal certainty that the amount in controversy exceeded the jurisdictional threshold.
• Chipola Nurseries, Inc. v. Division of Administration
  294 So. 2d 357· Fla. 1st DCA· 1974-03-28 ·cited 16×·via Abuse Of Administrative Discretion
  Chipola Nurseries and other landowners challenged an eminent domain taking of their properties for a three-mile segment of Interstate 10, arguing the Department of Transportation selected the route in bad faith and without proper study of alternatives. The court affirmed the tria
• Sapp v. Sapp
  275 So. 2d 43· Fla. 2d DCA· 1973-03-23 ·cited 16×
  The court held that while the alimony and child support award was within the trial court's discretion, the provisions requiring the husband to pay all reasonable utility and medical expenses were overly broad and lacked sufficient evidentiary support in the record.
• United States v. Lara
  472 F.2d 128· 9th Cir.· 1972-12-21 ·cited 16×
  The court held that the district court did not abuse its broad discretion in revoking the appellant's probation.
• Commonwealth OF Pa. ex rel. J. Shane Creamer v. United States Dep't OF Agric.
  469 F.2d 1387· 3d Cir.· 1972-11-28 ·cited 16×
  The court held that the Commonwealth failed to make a strong showing of prevailing on the merits and suffering irreparable injury, thus affirming the denial of a preliminary injunction.
• Mader v. Armel
  461 F.2d 1123· 6th Cir.· 1972-06-15 ·cited 16×
  The court held that an issue of fact exists as to whether Tibbals was a controlling person and whether Young acted in good faith, and that the district court's findings of fact were not clearly erroneous.
• United States v. Perea
  458 F.2d 535· 10th Cir.· 1972-04-12 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying a motion for a new trial based on newly discovered evidence that was merely impeaching and unrelated to the charged offenses.
• Pfizer, Inc. v. Honorable Miles W. Lord
  447 F.2d 122· 2d Cir.· 1971-07-13 ·cited 16×
  A district judge to whom multidistrict litigation is assigned under 28 U.S.C. § 1407 has the power to transfer such actions for trial under 28 U.S.C. § 1404(a), and such a transfer will be upheld if it is not a clear abuse of discretion.
• United States v. Firtel
  446 F.2d 1005· 5th Cir.· 1971-06-29 ·cited 16×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that a directed verdict for the government was proper because the taxpayer failed to present evidence to overcome the presumption of correctness of the Commissioner's tax assessment.
• United States v. Polack
  442 F.2d 446· 3d Cir.· 1971-04-05 ·cited 16×
  The court held that comments made by the prosecution regarding the defendant's judicial position, cross-examination of character witnesses, and jury instructions on willfulness did not constitute reversible error.
• United States v. Ploeger
  428 F.2d 1204· 6th Cir.· 1970-07-21 ·cited 16×·via Abuse Of Discretion Standard For Continuance
  The court held that denying the defendant's request for a continuance constituted an abuse of discretion, requiring reversal of the conviction.
• Zohlman v. Zohlman
  235 So. 2d 532· Fla. 3d DCA· 1970-05-19 ·cited 16×
  In this divorce appeal, the husband challenges the trial court's award of $1,250 monthly alimony, $300 monthly child support, an $80,000 lump sum property settlement, and $10,000 in attorney fees. The appellate court affirms all awards, finding no abuse of discretion given the wi
• Conklin v. Louie L. Wainwright
  424 F.2d 516· 5th Cir.· 1970-04-20 ·cited 16×
  The court held that limiting prisoners to 10 sheets of paper per day is not an abuse of discretion by prison authorities.
• Isa Hamad v. United States Immigr. & Naturalization Serv.
  420 F.2d 645· D.C. Cir.· 1969-12-22 ·cited 16×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying discretionary relief (withholding of deportation and voluntary departure) because the petitioner failed to establish a probability of persecution and his conduct warranted denial of volun
• Rose-Marie Ofelina Del Rosario Pizarro v. Dist. Dir. of the United States Immigr. & Naturalization Serv.
  415 F.2d 481· 9th Cir.· 1969-08-20 ·cited 16×
  The court held that the administrative denial of a preference visa for professional psychologist status was not an abuse of discretion, as the appellant lacked the required graduate degree or equivalent experience.
• Carroll Lee Smith v. United States
  413 F.2d 975· 10th Cir.· 1969-05-20 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying a continuance and that other claims were not properly raised or lacked merit.
• Oden v. United States
  410 F.2d 103· 5th Cir.· 1969-04-22 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying severance or admitting evidence of prior violent acts to show intent.
• Richmond N. Waller v. Waller
  212 So. 2d 352· Fla. 3d DCA· 1968-07-09 ·cited 16×
  In this post-divorce modification case, the Third District Court of Appeal affirmed the trial court's increase in child support from $75 to $125 per child per month and rejection of the former husband's request to reduce alimony based on the former wife's new employment, but reve
• Goon Wing WAH v. Immigr. & Naturalization Serv.
  386 F.2d 292· 1st Cir.· 1967-12-14 ·cited 16×
  The court held that the Board of Immigration Appeals did not abuse its discretion in denying the alien's application for suspension of deportation.
• Sec. & Exch. Comm'n v. S & P Nat'l Corp.
  360 F.2d 741· 2d Cir.· 1966-05-10 ·cited 16×
  The court affirmed the district court's orders granting a preliminary injunction and appointing a receiver, finding no clear error in the factual findings, application of law, or abuse of discretion, subject to a modification for a tax problem.
• Melone v. Immigr. & Naturalization Serv.
  355 F.2d 533· 7th Cir.· 1966-01-05 ·cited 16×
  The court held that a denial of an application for a stay of deportation is reviewable by a court of appeals under section 106(a) of the Immigration and Nationality Act.
• Patterson v. Pizitz, Inc.
  353 F.2d 267· 5th Cir.· 1965-12-01 ·cited 16×
  The court held that the taxpayer failed to prove the Commissioner abused his discretion in disallowing the bad debt deduction, as the evidence did not establish arbitrariness.
• Casias v. United States
  350 F.2d 317· 10th Cir.· 1965-07-28 ·cited 16×
  The court held that the trial judge did not abuse his discretion in denying the motion for a new trial based on newly discovered evidence.
• W. Ralph Erwin and his wife v. Watson T. Chaney and his wife
  160 So. 2d 139· Fla. 1st DCA· 1964-01-21 ·cited 16×·via Abuse Of Discretion Standard For New Trial Motions
  In this negligence action arising from an automobile collision, the trial court granted a new trial on the issue of damages alone, finding the jury's award of $10,000 to Mrs. Chaney and $2,000 to Mr. Chaney inadequate given her serious injuries including loss of an eye. The appel
• Maizie Boling Edgar v. Finley
  312 F.2d 533· 8th Cir.· 1963-01-17 ·cited 16×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court erred in sustaining objections to interrogatories seeking witness information and abused its discretion in denying a new trial based on newly discovered evidence.
• Philadelphia Elec. Co. v. Westinghouse Elec. Corp.
  308 F.2d 856· 3d Cir.· 1962-09-26 ·cited 16×
  The dissenting judge would have allowed the Pennsylvania Public Utility Commission to intervene in the class action suits.
• Armour & Co. v. Freeman
  304 F.2d 404· D.C. Cir.· 1962-02-08 ·cited 16×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the Secretary of Agriculture's regulation requiring genuine hams with added moisture to be labeled "Imitation Ham" was arbitrary and capricious on its face, forcing a violation of the Meat Inspection Act.
• August M. Carmazi and Lester M. Muhn v. Bd. OF Cnty. Comm'rs OF Dade Cnty.
  108 So. 2d 318· Fla. 3d DCA· 1959-01-06 ·cited 16×·via Abuse Of Administrative Discretion
  Riparian property owners challenged a proposed dam on the Little River that would block their boat navigation to Biscayne Bay. The court held that the right to navigate beyond one's property is a public right, not a private property right protected by eminent domain, and that the
• Lewis v. Lewis
  104 So. 2d 597· Fla. 3d DCA· 1958-07-30 ·cited 16×
  In this divorce appeal, the Third District Court of Florida affirmed a trial court's award of alimony, child support, and attorney's fees to the wife, rejecting the husband's claim that the awards were excessive and an abuse of discretion. The court held that absent a clear showi
• Commissioner OF Internal Revenue v. Licavoli
  252 F.2d 268· 6th Cir.· 1958-02-14 ·cited 16×
  The Tax Court did not abuse its discretion by striking the Commissioner's fraud allegations for failure to provide specific details in its amended answer, as detailed pleading is necessary in the absence of discovery procedures.
• Joseph T. Miller Constr. Co., Inc. v. Seymour H. Borak
  82 So. 2d 147· Fla.· 1955-07-22 ·cited 16×·via Abuse Of Discretion Standard For Denying Leave To Amend
  Joseph T. Miller Construction Company appealed a trial court's dismissal of its action for damages for breach of a restrictive covenant. The Florida Supreme Court affirmed the dismissal under Supreme Court Rule 38, finding that the questions raised on appeal were either foreclose