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. Rubalcaba
  811 F.2d 491· 9th Cir.· 1987-02-25 ·cited 15×
  The court held that the defendant's claims did not warrant withdrawal of his guilty plea, affirming the district court's denial.
• Rollins Burdick Hunter OF NEW York, Inc. v. Euroclassics Ltd., Inc.
  502 So. 2d 959· Fla. 3d DCA· 1987-02-03 ·cited 15×·via Abuse Of Discretion Standard For Discovery Rulings
  An insurance broker (RBH) appealed a judgment for the insured (Euroclassics) in a coverage dispute involving an airplane used for drug smuggling. The court reversed, holding that the trial court abused its discretion by denying RBH's motion to compel discovery when the insured in
• Corrosioneering, Inc. v. Thyssen Env't Sys., Inc.
  807 F.2d 1279· 6th Cir.· 1986-12-15 ·cited 15×
  The dissenting judge would affirm the trial court's determination that there was no just reason for delay in entering a final appealable judgment.
• Spence v. Bd. OF Educ. OF the Christina Sch. Dist.
  806 F.2d 1198· 3d Cir.· 1986-12-05 ·cited 15×
  The court held that the district court did not abuse its discretion in ordering a remittitur of emotional distress damages due to insufficient proof and in denying a new trial limited to damages, finding liability and damages intertwined.
• Solomon v. City OF Gainesville
  796 F.2d 1464· 11th Cir.· 1986-08-19 ·cited 15×
  A plaintiff who prevails on a constitutional claim, even if a related § 1983 claim is waived, is entitled to attorney's fees under 42 U.S.C. § 1988.
• Jackson Marine Corp. v. Harvey Barge Repair, Inc.
  794 F.2d 989· 5th Cir.· 1986-07-18 ·cited 15×
  The court held that the district court did not abuse its discretion in denying attorney's fees as sanctions, as the clerk's minute entry did not constitute a grant of sanctions and the judge explicitly denied them.
• Eaton Corp. v. Appliance Valves Corp.
  790 F.2d 874· Fed. Cir.· 1986-04-30 ·cited 15×
  The court affirmed the district court's judgment, holding that the destruction of documents was harmless and the admission of prior art without formal notice was not an abuse of discretion.
• State v. McMAHON
  485 So. 2d 884· Fla. 2d DCA· 1986-03-26 ·cited 15×·via Abuse Of Discretion (Appellate Review)
  The State of Florida appeals a trial court's grant of a new trial in a second-degree murder case. The appellate court reverses, holding that the jury's guilty verdict was supported by substantial, competent evidence and the trial judge abused his discretion in granting a new tria
• Lugo v. Fla. E. Coast Ry. Co. & J.I. Case Co.
  487 So. 2d 321· Fla. 3d DCA· 1986-03-25 ·cited 15×
  In this FELA negligence case, the Florida Third District Court of Appeal reversed the trial court's exclusion of plaintiff's expert witness for failure to comply with a pretrial disclosure order, holding that exclusion requires consideration of prejudice factors rather than stric
• Rhines v. Rhines
  483 So. 2d 4· Fla. 2d DCA· 1985-10-04 ·cited 15×·via Gross Abuse Of Discretion
  A husband appealed a final judgment dissolving his marriage and awarding custody of the minor children to the wife. The court affirmed the judgment on the procedural default issue but reversed and remanded regarding child custody, finding the trial court failed to comply with sta
• Equal Emp. Opportunity Comm'n v. Hiram Walker & Sons, Inc.
  768 F.2d 884· 7th Cir.· 1985-07-24 ·cited 15×
  The court held that the district court did not abuse its discretion in approving the consent decree, balancing the risks of litigation against the settlement's benefits.
• Ross Bicycles, Inc. v. Cycles USA, Inc.
  765 F.2d 1502· 11th Cir.· 1985-07-22 ·cited 15×
  The court affirmed the district court's finding of no trademark infringement and no trade dress infringement, and rejected the plaintiff's other contentions.
• Brown v. Cont'l CAN Co.
  765 F.2d 810· 9th Cir.· 1985-07-08 ·cited 15×
  A Title VII plaintiff may file a civil action within ninety days of a right-to-sue letter issued on a prior, related EEOC charge, even if a right-to-sue letter was also issued on a different charge earlier and the ninety-day period from that first letter expired.
• Lindner v. Durham Hosiery Mills, Inc.
  761 F.2d 162· 4th Cir.· 1985-05-06 ·cited 15×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the North Carolina Unfair Trade Practices Act does not apply to securities transactions, and that the trial court did not abuse its discretion in denying a motion for a new trial on breach of fiduciary duty.
• Carson-Truckee Water Conservancy Dist. v. Secretary OF THE Interior
  748 F.2d 523· 9th Cir.· 1984-11-28 ·cited 15×
  The court held that the district court did not abuse its discretion in denying attorney fees under the Endangered Species Act because the Tribe's participation did not substantially contribute to the Act's goals, and the district court applied the correct legal standard.
• Howard H. and Betty J. Watson v. Commissioner OF Internal Revenue
  690 F.2d 429· 5th Cir.· 1982-09-27 ·cited 15×
  The Tax Court did not abuse its discretion by dismissing the Watsons' case for failing to comply with a discovery order to produce trust documents.
• Pacesetter Sys., Inc. v. Medtronic, Inc.
  678 F.2d 93· 9th Cir.· 1982-05-24 ·cited 15×
  The court held that the district court did not abuse its discretion in declining jurisdiction over a second-filed patent infringement action in favor of a first-filed action in another district.
• Sec. & Exch. Comm'n v. G. Weeks Sec., Inc.
  678 F.2d 649· 6th Cir.· 1982-05-19 ·cited 15×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that issuing a preliminary injunction based on disputed factual issues without allowing live testimony constitutes an abuse of discretion, but an injunction based on legal conclusions from documentary evidence is permissible.
• United States v. Lucius McKOY
  645 F.2d 1037· D.C. Cir.· 1981-02-23 ·cited 15×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty pleas.
• Tyco Labs., Inc. v. Koppers Co., Inc.
  627 F.2d 54· 7th Cir.· 1980-07-31 ·cited 15×
  The court held that the trial court did not abuse its discretion in granting plaintiff's motion for voluntary dismissal under Rule 41(a)(2), as the defendant failed to demonstrate plain legal prejudice.
• Dealeaner Hammond v. Pub. Fin. Corp.
  568 F.2d 1362· 5th Cir.· 1978-03-02 ·cited 15×
  The court holds that it has jurisdiction over the appeal because a timely Rule 59(e) motion tolled the time for appeal. The court affirms the district court's award of attorney's fees, finding no abuse of discretion.
• United States v. Smith
  548 F.2d 545· 5th Cir.· 1977-03-10 ·cited 15×·via Abuse Of Discretion Standard For Continuance
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for continuance, failing to instruct the jury on duress or intoxication, denying the motion for acquittal, or denying the motion for mistrial due to prosecutorial misconduct.
• ASH v. Cort
  512 F.2d 909· 3d Cir.· 1975-02-26 ·cited 15×
  An order denying a motion to perpetuate testimony pending appeal under F.R.Civ.P. 27(b) is a final order, appealable under 28 U.S.C. § 1291. Denial of such a motion was not an abuse of discretion here.
• Bank OF Am. Nat'l Tr. & Sav. Ass'n v. Socrates Mamakos
  509 F.2d 1217· 9th Cir.· 1975-01-21 ·cited 15×
  The court held that the bank abused its discretion by seeking relief from judgment based on arguments not timely raised and that the IRS tax lien attached to after-acquired funds, making the levy effective.
• Arison Shipping Co. v. Klosters Rederi A/S
  259 So. 2d 784· Fla. 3d DCA· 1972-03-28 ·cited 15×
  Arison Shipping Company appealed the circuit court's ex parte appointment of a receiver over funds and records held by Arison under a joint venture agreement with Norwegian Caribbean Lines (Klosters). The appellate court affirmed the receiver appointment, holding that Arison fail
• Mufson v. Mufson
  245 So. 2d 110· Fla. 3d DCA· 1971-02-16 ·cited 15×
  In this consolidated divorce appeal, Joyce Mufson challenges the trial court's grant of divorce to her husband Raymond, the division of marital property, and the awards of alimony and child support. The appellate court affirmed the trial court's judgment, finding sufficient corro
• Michelsen v. Moore-McCORMACK Lines, Inc.
  429 F.2d 394· 2d Cir.· 1970-06-29 ·cited 15×
  The appellate court affirmed the trial court's dismissal for failure to prosecute, finding no abuse of discretion in denying an adjournment.
• State of Fla. ex rel. Vincent H. Conboy v. Colding
  200 So. 2d 246· Fla. 2d DCA· 1967-05-31 ·cited 15×
  A taxpayer sought mandamus to compel the Collier County tax assessor to complete a new tax roll assessing all property at just value, alleging the assessor systematically assessed property below just value using improper discounts. The court affirmed the trial court's denial of t
• Boling v. Barnes
  198 So. 2d 377· Fla. 2d DCA· 1967-04-07 ·cited 15×
  The court reviewed an interlocutory appeal from an order denying a motion to join third-party defendants in a case involving allegations of wrongful conversion of stock originally held jointly.
• Hillsborough Inv. Corp. v. Sec. & Exch. Comm'n
  276 F.2d 665· 1st Cir.· 1960-04-08 ·cited 15×·via Abuse Of Discretion Standard For Injunctions
  The court held that the district court did not abuse its discretion in issuing a broad injunction against the sale of any securities by Hillsborough Investment Corporation, as the company's plan to issue new securities constituted an attempt to evade a prior injunction and circum
• Ill. Terminal R. Co. v. Friedman
  210 F.2d 229· 8th Cir.· 1954-02-17 ·cited 15×
  The court held that the trial court did not abuse its discretion in refusing to allow extensive cross-examination of a witness regarding a prior settlement, as the cross-examination appeared to be an attempt to discredit the witness rather than ascertain truth.
• De Fernandez v. Seaboard Marine Ltd.
  135 F.4th 939· 11th Cir.· 2025-04-14 ·cited 14×
  Odette Blanco de Fernandez and other shareholders of two Cuban companies sued Seaboard Marine under the Helms-Burton Act for trafficking in property confiscated by the Castro regime, alleging that Seaboard's shipping activities to a container terminal benefited from land formerly
• Cash v. Gagnon
  306 So. 3d 106· Fla. 4th DCA· 2020-11-04 ·cited 14×
  An injunction for stalking under Florida Statute § 784.048 may not be granted based on offensive speech and complaints about condominium matters voiced in an uncivil manner, even when combined with yelling and cursing, unless the conduct meets the statutory requirements of a cour
• Washington v. Brown
  300 So. 3d 338· Fla. 2d DCA· 2020-07-08 ·cited 14×
  The appellate court reversed a final judgment of injunction for protection against stalking, finding that the evidence presented did not legally support the injunction. The court clarified that communications must be directed at a specific person, serve no legitimate purpose, and
• United States v. Harris
  916 F.3d 948· 11th Cir.· 2019-02-19 ·cited 14×
  Sufficient evidence supports the conviction for Hobbs Act extortion, and the district court did not violate the defendant's right to present a complete defense by limiting his closing argument.
• Whisby v. State
  262 So. 3d 228· Fla. 1st DCA· 2018-12-18 ·cited 14×
  Whisby was convicted of armed kidnapping with intent to commit sexual battery and three counts of sexual battery against S.C. The trial court admitted evidence of a prior sexual battery committed by Whisby against W.W. less than twenty-four hours before the charged crimes. On app
• Kendle v. State
  255 So. 3d 400· Fla. 3d DCA· 2018-08-15 ·cited 14×
  The trial court's multiple Faretta inquiries at various critical stages of the proceedings satisfied constitutional and rule requirements because they ensured Kendle made a knowing and intelligent waiver of his right to counsel, and the trial court was not required to follow a mo
• Rodriguez v. Lorenzo
  215 So. 3d 631· Fla. 3d DCA· 2017-04-05 ·cited 14×
  Former wife appeals a final judgment dissolving her marriage, challenging the trial court's denial of alimony and seeking damages for post-judgment events. The appellate court affirms, finding the denial of permanent periodic alimony was not an abuse of discretion and lacking jur
• Bradley v. State
  214 So. 3d 648· Fla.· 2017-03-30 ·cited 14×
  Brandon Lee Bradley was convicted of first-degree murder, robbery, fleeing and eluding, and resisting arrest with violence for shooting and killing Deputy Barbara Pill during a traffic stop. The Florida Supreme Court affirmed all convictions but vacated the death sentence and rem
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• Bogle v. State
  213 So. 3d 833· Fla.· 2017-02-09 ·cited 14×
  Brett Bogle was convicted of first-degree murder and sentenced to death for the 1991 killing of Margaret Torres. On post-conviction review, Bogle raised multiple claims including Brady and Giglio violations, ineffective assistance of counsel at guilt and penalty phases, newly dis
• Desmond T. Kenner v. State
  208 So. 3d 271· Fla. 5th DCA· 2016-12-16 ·cited 14×
  Desmond Kenner appealed his second conviction for second-degree murder with a firearm following a retrial after his first conviction was reversed due to an improper jury instruction. The appellate court affirmed the conviction and evidentiary rulings but reversed the sentence, fi
• R.J. Reynolds Tobacco Co. v. Gafney
  188 So. 3d 53· Fla. 4th DCA· 2016-03-23 ·cited 14×
  R.J. Reynolds Tobacco Company appealed a jury verdict awarding $5.8 million in compensatory damages in a wrongful death case. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the plaintiff's counsel made improper "send a message" arguments l
• Goldman v. The Est. OF Aaron Goldman
  166 So. 3d 927· Fla. 3d DCA· 2015-06-17 ·cited 14×
  The court held that a trial court must make express findings of bad faith conduct before awarding attorney's fees and costs under its inherent authority, even when sanctioning a party rather than an attorney.
• Epstein v. Bank OF Am.
  162 So. 3d 159· Fla. 4th DCA· 2015-01-28 ·cited 14×
  A homeowner appeals the trial court's order granting a bank's motion to vacate a final foreclosure judgment entered over three years earlier due to an incorrect legal description in the mortgage. The Fourth District Court of Appeal reversed, holding that the judgment was voidable
• Krift v. Obenour
  152 So. 3d 645· Fla. 4th DCA· 2014-11-05 ·cited 14×
  This family law case addresses the enforceability of a trial court's unilateral imposition of a rotating timesharing schedule in a dissolution of marriage. The Fourth District Court of Appeal reversed the trial court's two-month rotating custody order as a violation of due proces
• Chadwick D. Banks v. State
  150 So. 3d 797· Fla.· 2014-11-03 ·cited 14×
  Chadwick D. Banks, under a signed death warrant, appealed the circuit court's denial of his second successive motion for postconviction relief and denial of public records requests. The Florida Supreme Court affirmed, rejecting Banks' claims of ineffective postconviction counsel,
• Filmore v. State
  133 So. 3d 1188· Fla. 2d DCA· 2014-03-12 ·cited 14×
  John Filmore appeals the revocation of his community control after his CCO alleged he violated conditions by being absent from his approved residence and failing to comply with officer instructions. The appellate court reversed, finding the trial court abused its discretion by ap
• Lopez v. Lopez
  135 So. 3d 326· Fla. 5th DCA· 2013-08-16 ·cited 14×
  In this divorce case, the trial court assigned the entire value of a liquidated 401(k) retirement account to the former husband as part of equitable distribution, including all tax consequences and attorney's fees. The appellate court reversed, holding that depleted assets may on
• McCORMICK v. COX
  118 So. 3d 980· Fla. 3d DCA· 2013-08-14 ·cited 14×
  The trustee of family trusts grossly undervalued the primary trust asset (a golf course property) for federal estate tax purposes, then unilaterally paid himself over $1.2 million in trustee's fees without beneficiary consent or court approval. The trial court removed the trustee