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

• Montville v. Mobile Med. Indus., Inc.
  855 So. 2d 212· Fla. 4th DCA· 2003-09-24 ·cited 15×
  The court held that the statutory language regarding enforcement of restrictive covenants does not remove a court's discretion in setting the bond amount for a temporary injunction, and that no clear abuse of discretion was demonstrated in setting the bond amount.
• Bulkmatic Transp. Co. v. Taylor
  860 So. 2d 436· Fla. 1st DCA· 2003-08-26 ·cited 15×
  In this products liability case arising from a motor vehicle accident, the appellate court reversed the trial court's order granting a new trial, holding that the trial court abused its discretion by basing the new trial on four legal grounds that did not individually or collecti
• Dep't OF Child. & Families v. M.G.
  838 So. 2d 703· Fla. 5th DCA· 2003-03-07 ·cited 15×
  The Florida Department of Children and Families appealed an order awarding $1,500 in attorney's fees to the mother of two children in a dependency case. The trial court assessed fees against the Department for requesting a continuance on the morning of trial after the mother's co
• William Bateman & Est. of Steven J. Slaughter v. Serv. Ins. Co.
  836 So. 2d 1109· Fla. 3d DCA· 2003-02-12 ·cited 15×
  The trial court abused its discretion by disbursing attorney's fees without first conducting an evidentiary hearing to determine reasonableness and necessity.
• Millar Elevator Serv. Co. v. McGOWAN
  819 So. 2d 145· Fla. 2d DCA· 2002-04-05 ·cited 15×
  Millar Elevator Service Company appeals an order granting a new trial after a jury verdict in its favor. The trial court granted the new trial based on plaintiffs' counsel's argument that Millar's expert witnesses presented surprise testimony at trial describing a different causa
• Yunger v. Buenaventura Oliver
  803 So. 2d 884· Fla. 5th DCA· 2002-01-04 ·cited 15×
  Frank and Paula Yunger appealed the trial court's order striking their counterclaim as a sham pleading in a landlord-tenant dispute with Buenaventura Oliver over repairs to rental property and the disposition of their books. The Fifth District Court of Appeal affirmed the trial c
• Robertson v. State
  780 So. 2d 106· Fla. 3d DCA· 2001-03-28 ·cited 15×
  Floyd Thomas Robertson appeals his second-degree murder conviction for shooting his girlfriend Maria Nelson. The trial court admitted testimony from Robertson's ex-wife about a prior incident where Robertson threatened her with a gun, which Robertson argues was erroneous. The app
• Martin v. Chapman
  780 So. 2d 929· Fla. 5th DCA· 2001-02-02 ·cited 15×
  Martin appeals a trial court's order granting Chapman a new trial after a jury returned a zero verdict in Chapman's personal injury case arising from an automobile accident. The appellate court reverses, holding that the trial court abused its discretion in ordering a new trial b
• Whetstone v. State
  778 So. 2d 338· Fla. 1st DCA· 2000-12-29 ·cited 15×
  David Whetstone appeals his convictions for armed burglary with intent to commit assault or battery and attempted second-degree murder. The court reverses the burglary conviction, finding that Whetstone and his wife were co-tenants of the leased premises and therefore he could no
• Walker v. State
  776 So. 2d 943· Fla. 4th DCA· 2000-12-13 ·cited 15×
  The trial court did not abuse its discretion in denying the motion to suppress the pre-trial identification, and the Prison Releasee Reoffender Punishment Act is constitutional.
• Dive Bimini, Inc. v. Roberts
  745 So. 2d 482· Fla. 1st DCA· 1999-11-22 ·cited 15×
  The court held that venue is proper in Duval County because at least one defendant, Offshore Enterprises of Jacksonville, Inc., has its principal place of business there, and the appellants did not dispute this fact.
• Berry Kessler v. State
  752 So. 2d 545· Fla.· 1999-11-18 ·cited 15×·via Abuse Of Discretion Standard On Appeal
  Berry Kessler was convicted of first-degree murder and sentenced to death for killing his business partner John Deroo. The Florida Supreme Court reversed the conviction because the trial court failed to conduct individual and sequestered voir dire to screen prospective jurors ade
• Ramey v. Winn Dixie Montgomery, Inc.
  710 So. 2d 191· Fla. 1st DCA· 1998-04-29 ·cited 15×
  Tim Ramey sued Winn Dixie for damages from a slip-and-fall injury caused by butter on a supermarket floor. Although a jury found both parties 50% negligent and awarded Ramey medical bills plus $6,000 for past pain and suffering, it awarded zero damages for future medical care and
• Osheroff v. Osheroff
  694 So. 2d 855· Fla. 3d DCA· 1997-06-04 ·cited 15×
• Kellerman v. Kellerman
  659 So. 2d 1390· Fla. 3d DCA· 1995-09-13 ·cited 15×
  In this dissolution of marriage appeal, the husband challenged the trial court's award of permanent periodic alimony to his ex-wife. The Florida District Court of Appeal reversed the permanent alimony award as an abuse of discretion, but substituted rehabilitative alimony of $300
• Uvanni v. Dott G.C. Gallenga, M.D.
  619 So. 2d 31· Fla. 3d DCA· 1993-06-08 ·cited 15×
• United States v. Savoie
  985 F.2d 612· 1st Cir.· 1993-02-08 ·cited 15×
  The court held that the district court did not err in applying a role-in-the-offense adjustment, ordering restitution, imposing a fine, or in its compliance with Fed.R.Crim.P. 32(c)(3)(D).
• United States v. George
  960 F.2d 97· 9th Cir.· 1992-03-24 ·cited 15×
  The admission of hearsay statements made by a child victim to her examining physician and a tribal investigator did not violate the Confrontation Clause, and the denial of a new trial based on the victim's recantation was not an abuse of discretion.
• Gus Poulos and A.G.P. Marketing v. Naas Foods
  959 F.2d 69· 7th Cir.· 1992-03-18 ·cited 15×
  The court held that the district court properly exercised diversity jurisdiction, did not err in compelling the production of tax returns, and did not abuse its discretion in dismissing the case.
• Gonzalo Rivera-Cruz v. Immigr. & Naturalization Serv.
  948 F.2d 962· 5th Cir.· 1991-12-18 ·cited 15×
  The Board of Immigration Appeals did not abuse its discretion in denying asylum and withholding of deportation based on administrative notice of a change in government, and the applicant's failure to present contrary evidence to the Board.
• Evans v. City OF Evanston
  941 F.2d 473· 7th Cir.· 1991-08-14 ·cited 15×
  The court affirmed the district court's decision regarding attorney's fees, finding no abuse of discretion in the reduction of hours, denial of fee enhancement, or refusal to award a share of the recovery.
• Terry A. Lambert Plumbing, Inc. v. W. Sec. Bank
  934 F.2d 976· 8th Cir.· 1991-06-04 ·cited 15×
  The court held that the district court correctly granted summary judgment for the bank on all counts of the plaintiff's complaint and on one count of the bank's counterclaim, and correctly denied sanctions.
• United States v. Primitivo Cortez
  935 F.2d 135· 8th Cir.· 1991-05-30 ·cited 15×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in excluding expert testimony, that the Allen charge was properly given, and that the evidence was sufficient for conviction. However, it found that admitting officers' opinion testimony on a witness's truthfulness
• United States v. Mazzanti
  925 F.2d 1026· 7th Cir.· 1991-02-19 ·cited 15×
  The court held that the district court did not err in denying a new trial based on newly discovered evidence of a witness's recantation, as the evidence, even if corrected, would not likely have led to a different verdict.
• United States v. Solis
  923 F.2d 548· 7th Cir.· 1991-01-25 ·cited 15×
  The court held that it lacked jurisdiction to review the district court's refusal to depart from the sentencing guidelines range, and affirmed the conviction in all other respects.
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• John E. Johnson and h/w Ann Marie Johnson v. The Celotex Corp.
  899 F.2d 1281· 2d Cir.· 1990-03-20 ·cited 15×
  The court affirmed the jury's award of compensatory and punitive damages, finding that the consolidation of cases was proper, the evidence sufficiently supported proximate cause, and the punitive damages award did not violate due process on the record presented. The court also fo
• LAS Vegas ICE & Cold Storage Co. v. FAR W. Bank
  893 F.2d 1182· 10th Cir.· 1990-01-12 ·cited 15×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that a payor bank is accountable for a finally paid check even if the drawer's account lacks funds, and that a payee can sue the payor bank directly. The court also affirmed the denial of a motion to amend to add punitive damages due to untimeliness.
• Pelican Prod. Corp. v. Marino
  893 F.2d 1143· 10th Cir.· 1990-01-08 ·cited 15×
  The court held that the district court did not abuse its discretion in denying Pelican's Rule 60(b) motion for relief from a default judgment and in adopting the magistrate's award of attorney fees.
• Vena v. Vena
  556 So. 2d 436· Fla. 5th DCA· 1990-01-04 ·cited 15×
  The court held that rehabilitative alimony and guaranteed equity in the marital home were improperly awarded, but the custody determination was not an abuse of discretion.
• United States v. Morin
  889 F.2d 328· 1st Cir.· 1989-11-15 ·cited 15×
  The court held that the district court had the legal power to revoke probation for violating a condition requiring permission to leave the judicial district.
• Atwood Turnkey Drilling, Inc. v. Petroleo Brasileiro, S.A.
  875 F.2d 1174· 5th Cir.· 1989-06-27 ·cited 15×
  The court held that it has jurisdiction to hear the appeal of a preliminary injunction and that the injunction was properly granted. Petrobras is not immune from suit due to a waiver of sovereign immunity in the contract.
• United States Fire Ins. Co. v. Roberts
  541 So. 2d 1297· Fla. 1st DCA· 1989-04-11 ·cited 15×
  United States Fire Insurance Company appeals from a summary judgment in favor of its insured, Tom Roberts. The court affirmed the judgment, holding that the insurer's coinsurance clause was void and unenforceable because the policy failed to include the statutory notice required
• Starrels v. First Nat'l Bank OF Chicago
  870 F.2d 1168· 7th Cir.· 1989-02-24 ·cited 15×
  The court's opinion, a concurrence, critiques the Delaware Supreme Court's Aronson standard for excusing demand in shareholder derivative suits, suggesting it creates more litigation than it prevents and is difficult to apply.
• Krystel v. Alec Krystel
  534 So. 2d 914· Fla. 3d DCA· 1988-12-13 ·cited 15×
  The appellate court affirmed the trial court's judgment of marriage dissolution, finding no reversible error in the denial of alimony, attorney's fees, costs, or the division of marital assets.
• William Lowary & Sara Wyatt v. Lexington Local Bd. OF Educ.
  854 F.2d 131· 6th Cir.· 1988-08-11 ·cited 15×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that it was an abuse of discretion for the district court to allow agency fees to be collected and placed in an escrow account when it found the procedures likely unconstitutional.
• Simplex, Inc. v. Diversified Energy Sys., Inc.
  847 F.2d 1290· 7th Cir.· 1988-06-06 ·cited 15×
  The court affirmed the jury verdict and the district court's rulings, holding that the exclusion of undisclosed expert testimony and evidence of other contracts was proper, and the jury's verdict was supported by the evidence.
• Green v. USX Corp.
  843 F.2d 1511· 3d Cir.· 1988-03-29 ·cited 15×
  The court held that the district court abused its discretion in denying class front pay, and should have awarded mitigated wages for two years.
• United States v. Rodriguez-Pando
  841 F.2d 1014· 10th Cir.· 1988-02-26 ·cited 15×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court abused its discretion by excluding a statement offered to show the defendant's state of mind, as it was not hearsay when offered for that purpose.
• United States v. 0.161 Acres OF Land
  837 F.2d 1036· 11th Cir.· 1988-02-19 ·cited 15×
  The court held that the district court abused its discretion by excluding the testimony of an expert economist regarding property value and by excluding evidence of two nearby property sales, as these exclusions prejudiced the defendants and denied them a fair trial.
• United States v. Smith
  839 F.2d 175· 3d Cir.· 1988-02-17 ·cited 15×·via Abuse Of Discretion Standard For Sentencing
  The court held that the district court erred by refusing to consider the defendant's cooperation as a factor in sentencing, and by relying on immunized testimony.
• United States v. Terrigno
  838 F.2d 371· 9th Cir.· 1988-02-02 ·cited 15×
  The court held that the district court did not abuse its discretion in denying the motion to strike surplusage from the indictment and that the probation condition was valid.
• Nevill v. Shell OIL Co.
  835 F.2d 209· 9th Cir.· 1987-12-23 ·cited 15×
  The court held that the severance pay was governed by ERISA, preempting state law claims, and that the denial of benefits was not arbitrary and capricious.
• Fed. Trade Comm'n v. Standard Fin. Mgmt. Corp.
  830 F.2d 404· 1st Cir.· 1987-10-06 ·cited 15×
  The court held that sworn personal financial statements submitted to the FTC, which the FTC relied upon in negotiating a settlement, are subject to the common law presumption of public access when submitted to a court for approval of a consent decree.
• Sunkyong Int'l, Inc. v. Anderson Land & Livestock Co.
  828 F.2d 1245· 8th Cir.· 1987-09-04 ·cited 15×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to submit Elizabeth Anderson's liability to the jury and that the district court properly directed a verdict against the Andersons as statutory trustees, validating prior orders through the doctrine of relation back.
• Andrews v. TEW
  512 So. 2d 276· Fla. 2d DCA· 1987-09-04 ·cited 15×
  In this personal injury appeal, the court reversed a trial court's order granting a new trial after a jury verdict favored the defendant driver. The appellate court found that the trial judge improperly reweighed the evidence and disagreed with the jury's credibility determinatio
• Gepfrich v. Gepfrich
  510 So. 2d 369· Fla. 4th DCA· 1987-07-29 ·cited 15×
  The court held that the trial court did not abuse its discretion in awarding alimony and child support, nor in requiring the husband to maintain life insurance to secure these obligations.
• United States v. Gomez-Gomez
  822 F.2d 1008· 11th Cir.· 1987-07-27 ·cited 15×
  A trial court has broad discretion to reject a guilty plea, even after initial acceptance, if it finds no factual basis or if the defendant protests innocence.
• In re "Agent Orange" Prod. Liab. Litig. MDL NO. 381
  818 F.2d 179· 2d Cir.· 1987-04-21 ·cited 15×
  The court held that the PMC's appeal was timely and that the district court did not abuse its discretion in adopting a distribution plan for the settlement fund, but reversed the establishment of a class assistance foundation due to improper delegation of judicial authority. The
• In re Colley v. Nat'l Bank OF Tex.
  814 F.2d 1008· 5th Cir.· 1987-04-17 ·cited 15×
  The court held that the bankruptcy court did not abuse its discretion in denying the debtor's motions for reconsideration of allowed claims, as the motions did not meet the standards for reconsideration under Federal Rule of Civil Procedure 60.