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

• Martin v. Associated Truck Lines, Inc.
  801 F.2d 246· 6th Cir.· 1986-09-17 ·cited 14×
  The court held that state common law claims for negligent and intentional misrepresentation are preempted by § 301 of the Labor Management Relations Act when they are inextricably intertwined with the terms of a collective bargaining agreement.
• Hillsborough Cnty. v. Putney
  495 So. 2d 224· Fla. 2d DCA· 1986-09-10 ·cited 14×
  Hillsborough County sought certiorari review of a circuit court order that reversed the Board of County Commissioners' denial of the Putneys' rezoning application. The district court reversed the circuit court, holding that the Board properly denied the rezoning because the appli
• Bilmar Drilling, Inc. v. IFG Leasing Co.
  795 F.2d 1194· 5th Cir.· 1986-08-04 ·cited 14×
  The court held that the district court erred in considering the 'put agreement' for usury purposes and that IFG's motion for attorney fees based on contract was untimely.
• Monaghan v. Deakins
  798 F.2d 632· 3d Cir.· 1986-07-31 ·cited 14×
  The court held that Younger abstention did not require dismissal of the plaintiffs' claims for damages and return of property, but affirmed the denial of a preliminary injunction.
• DeVARGAS v. Montoya
  796 F.2d 1245· 10th Cir.· 1986-07-08 ·cited 14×
  The court held that the plaintiff's federal claims were barred by the statute of limitations and res judicata, affirming the district court's dismissal.
• The Prudential Ins. Co. OF Am. v. Miller Brewing Co.
  789 F.2d 1269· 7th Cir.· 1986-05-06 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the insurance policy was unambiguous and Miller was liable for the full premium as determined by the policy terms, as there was no mutual mistake or bad faith by Prudential.
• Nour v. ALL State Pipe Supply Co.
  487 So. 2d 1204· Fla. 1st DCA· 1986-05-01 ·cited 14×
  All State Pipe Supply Company sued Anthony Nour for money due on account and goods sold and delivered, obtaining summary judgment. The First District Court of Appeal reversed, holding that All State's affidavit in support of summary judgment was insufficient as a matter of law be
• United States v. Eddie Padin (85-5115)
  787 F.2d 1071· 6th Cir.· 1986-04-10 ·cited 14×
  The court held that a defendant who had relinquished control of a house used as a drug distribution center and failed to take precautions to ensure confidentiality could not claim a reasonable expectation of privacy in a telephone conversation made from that house. The court also
• Handschu v. Special Servs. Div.
  787 F.2d 828· 2d Cir.· 1986-04-09 ·cited 14×
  The court affirmed the district court's order approving the settlement of a class action against the New York City Police Department for constitutional rights violations.
• Sikes v. Seaboard Coast Line R.R. Co.
  487 So. 2d 1118· Fla. 1st DCA· 1986-04-09 ·cited 14×
  In this wrongful death negligence action arising from a truck-train collision, the Florida District Court of Appeal reversed the trial court's judgment on juror qualification grounds, finding reversible error in the trial court's refusal to excuse a juror who admitted she knew on
• Jackson v. Schoemehl
  788 F.2d 1296· 8th Cir.· 1986-04-02 ·cited 14×
  The court held that the plaintiffs' post-judgment motion should be treated as a Rule 59(e) motion, tolling the time for appeal, and that dismissal for failure to prosecute was too severe a sanction.
• United States v. Devine
  787 F.2d 1086· 7th Cir.· 1986-03-31 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the exclusion of a linguist's testimony regarding tape recordings was not an abuse of discretion and did not deny the defendant a fair trial. The court also rejected other claims of error.
• Rychen Paddack v. Morris
  783 F.2d 844· 9th Cir.· 1986-02-21 ·cited 14×
  The court held that the trial court did not abuse its discretion in awarding attorney fees to the employer under ERISA, as the award was consistent with the Hummell factors.
• Hamid Bahramnia
  782 F.2d 1243· 5th Cir.· 1986-02-18 ·cited 14×
  The Board of Immigration Appeals did not abuse its discretion in denying the motion to reopen deportation proceedings because the alien failed to make a prima facie showing of eligibility for asylum or withholding of deportation.
• Marston v. Marston
  484 So. 2d 32· Fla. 2d DCA· 1986-01-15 ·cited 14×
  In this dissolution of marriage case, the trial court awarded the wife 17% of the parties' $1.176 million marital assets (primarily as lump sum alimony of $195,000 plus $3,500/month permanent periodic alimony), while the husband retained 83% of assets that were predominantly illi
• United States v. Ferri
  778 F.2d 985· 3d Cir.· 1985-12-10 ·cited 14×
  The court held that the district court did not abuse its discretion in admitting expert testimony on footprint identification and in refusing to imply bias to a juror whose husband was a firefighter. The court also found no Fourth Amendment violation regarding the grand jury subp
• United States v. Mary M.M. Hoffner, M.D.
  777 F.2d 1423· 10th Cir.· 1985-12-02 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in excluding lay opinion testimony regarding the defendant's intent and that the jury instructions on intent were adequate.
• Jones v. State
  477 So. 2d 26· Fla. 3d DCA· 1985-10-15 ·cited 14×·via Abuse Of Discretion Standard For Continuance
• Sallie Pearl Lewis v. Bloomsburg Mills, Inc.
  773 F.2d 561· 4th Cir.· 1985-09-25 ·cited 14×
  The court held that the district court's orders prohibiting communication with class members were legally erroneous, and its finding that Bloomsburg's preference for experienced labor constituted a business necessity was clearly erroneous.
• Nat'l Labor Relations Bd. v. Lorimar Prods., Inc.
  771 F.2d 1294· 9th Cir.· 1985-09-17 ·cited 14×
  The court held that the Board did not abuse its discretion by allowing an election to proceed while a request for review was pending, impounding ballots instead of requiring multiple ballots.
• United States v. $239
  764 F.2d 771· 11th Cir.· 1985-07-01 ·cited 14×
  The court held that the district court did not abuse its discretion in ordering the forfeiture of currency and striking the claimants' interest for failure to comply with a discovery order.
• Coleen Rook v. Rook
  469 So. 2d 172· Fla. 5th DCA· 1985-05-21 ·cited 14×
  In this child support modification appeal, the Florida Fifth District Court of Appeal affirmed a trial court's increase of child support from $65 to $130 per month, rejecting the mother's argument that percentage guidelines should govern the award. The court clarified that appell
• United States v. Draper
  762 F.2d 81· 10th Cir.· 1985-05-09 ·cited 14×
  The court held that the trial court did not abuse its discretion in granting a new trial based on discrepancies in witness testimony, and that the new statute allowing such appeals could be applied retroactively.
• United States v. Winn
  767 F.2d 527· 9th Cir.· 1985-05-07 ·cited 14×
  The court held that the admission of appellant's prior conviction and hearsay statements from illegal aliens was not an abuse of discretion and did not violate his constitutional rights.
• United States v. Miller
  758 F.2d 570· 11th Cir.· 1985-04-19 ·cited 14×
  The trial court did not abuse its discretion by refusing to ask a specific voir dire question regarding the presumption of innocence and burden of proof, as the general questions and subsequent jury instructions provided reasonable assurance of impartiality.
• Angelides v. Angelides
  466 So. 2d 1198· Fla. 3d DCA· 1985-04-09 ·cited 14×
  In this dissolution of marriage appeal, the Florida Third District Court of Appeal affirmed the trial court's award of permanent periodic alimony to the wife and attorney's fees, rejecting the husband's argument that the wife's financial need must be demonstrated before alimony c
• United States v. LeAMOUS
  754 F.2d 795· 8th Cir.· 1985-02-14 ·cited 14×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding the complainant's sexual relationship with the defendant, denying a writ for a witness, or admitting rebuttal evidence.
• Otoe Cnty. Nat'l Bank v. W & P Trucking, Inc.
  754 F.2d 881· 10th Cir.· 1985-02-11 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court held that the automatic stay provision of 11 U.S.C. § 362(a) applies only to the debtor and not to co-debtors or guarantors, and that the trial court did not abuse its discretion in denying the guarantor's motion to vacate the default judgment.
• Shaw v. Int'l Ass'n OF MacHinists & Aerospace Workers Pension Plan
  750 F.2d 1458· 9th Cir.· 1985-01-11 ·cited 14×
  The court held that the IAM's amendment phasing out the 'living pension' feature violated ERISA because the feature constituted an 'accrued benefit' and the amendment was adopted after ERISA's vesting provisions became effective for labor unions.
• Hillier v. S. Towing Co.
  740 F.2d 583· 7th Cir.· 1984-08-03 ·cited 14×
  The court held that prejudgment interest may be awarded on intangible damages like pain and suffering and loss of society in admiralty cases, and that the district court erred in ruling otherwise.
• United States v. O'Leary
  739 F.2d 135· 3d Cir.· 1984-07-19 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in admitting testimony about prior drug transactions under Federal Rule of Evidence 404(b) because it was relevant for permissible purposes and its probative value was not substantially outweighed by unfair prejudic
• Webster & Moorefield, P.A. v. City Nat'l Bank OF Miami
  453 So. 2d 441· Fla. 3d DCA· 1984-07-10 ·cited 14×·via Abuse Of Discretion Standard For Fee Awards
  Harry Ahlman, appointed voluntary guardian of a 95-year-old woman, appeals an order requiring him to return a $25,000 gift, reimburse the estate for unauthorized property sales, and pay his own attorney's fees in defending removal proceedings. The court affirmed that gifts to gua
• United States v. Burkhalter
  735 F.2d 1327· 11th Cir.· 1984-07-10 ·cited 14×
  The court held that the district court abused its discretion by suppressing the testimony of unindicted coconspirators as a discovery sanction.
• Harmon v. SAN Diego Cnty. (a Pub. corporation)
  736 F.2d 1329· 9th Cir.· 1984-07-03 ·cited 14×
  The district court failed to adequately explain its fee award, not complying with the prior remand directive.
• Distrigas OF Mass. Corp. & Distrigas Corp. v. Fed. Energy Regulatory Comm'n
  737 F.2d 1208· 1st Cir.· 1984-06-14 ·cited 14×
  The court held that the Commission's decision to deduct deferred tax liabilities from DOMAC's rate base was arbitrary and unjustified, but affirmed the Commission's decision regarding who should bear the cost of those liabilities.
• Hyatt Corp. v. Hyatt Legal Servs. & Joel Hyatt
  736 F.2d 1153· 7th Cir.· 1984-06-11 ·cited 14×
• McSWIGAN v. McSWIGAN
  450 So. 2d 284· Fla. 4th DCA· 1984-05-02 ·cited 14×
  Maureen McSwigan appeals a dissolution judgment, arguing she received inadequate compensation for her twenty-year contribution as homemaker and mother. The court agrees, finding she was "shortchanged" and reversing to require the trial court to award lump-sum alimony reflecting h
• United States v. Horvath
  731 F.2d 557· 8th Cir.· 1984-04-09 ·cited 14×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that while the admission of evidence concerning a marijuana seizure at Ardmore, Oklahoma was improper, it constituted harmless error, and the admission of attorney-client communications made in furtherance of a criminal conspiracy was also proper.
• Hutchins v. Woodard
  730 F.2d 953· 4th Cir.· 1984-03-13 ·cited 14×
  The court held that the district court did not abuse its discretion in finding writ abuse, and that equitable grounds did not warrant a stay of execution despite potential emerging constitutional principles.
• Braxton v. Bi-State Dev. Agency & Amalgamated Transit Union
  728 F.2d 1105· 8th Cir.· 1984-03-01 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the three lawsuits for failure to prosecute, non-compliance with court rules, and abuse of process.
• United States v. Creamer
  721 F.2d 342· 11th Cir.· 1983-12-12 ·cited 14×
  The court held that the jury instructions regarding the date of the offense were proper, the admission of a previously undisclosed government witness was not an abuse of discretion, and a mistrial was not warranted due to a witness's improper testimony that was cured by a caution
• United States v. Wallace
  722 F.2d 415· 8th Cir.· 1983-12-09 ·cited 14×
  The court held that the trial court did not abuse its discretion in allowing the prosecutor to ask the defendant about the revocation of his probation, as it was relevant to impeaching his credibility.
• Bergman v. Serns
  443 So. 2d 130· Fla. 3d DCA· 1983-12-06 ·cited 14×
  A Florida appellate court reversed a probate court order transferring an elderly incompetent ward from her home to a nursing facility, holding that institutionalization cannot be ordered without affirmative medical evidence that such placement is necessary for the ward's care and
• Nat'l Labor Relations Bd. v. J-Wood/A Tappan Division
  720 F.2d 309· 3d Cir.· 1983-11-04 ·cited 14×
  The court held that the National Labor Relations Board (NLRB) abused its discretion by refusing to hold an evidentiary hearing on the impact of employee threats on an election, particularly when the threats were made by an individual whose union agency was in question.
• COX v. Montgomery
  718 F.2d 1036· 11th Cir.· 1983-11-03 ·cited 14×
  The court held that the district court did not err in denying Cox's habeas corpus petition, affirming the denial of the writ.
• In re Int'l Env't Dynamics, Inc. v. Logan
  718 F.2d 322· 9th Cir.· 1983-10-13 ·cited 14×·via Abuse Of Discretion Standard For Fee Awards
  The court held that the appellant has standing to appeal the bankruptcy court's order awarding interim fees, and that the bankruptcy court did not abuse its discretion in making the award.
• In re McBEE v. W. Tex. Wholesale Supply Co.
  714 F.2d 1316· 5th Cir.· 1983-09-22 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  A UCC financing statement filed under a trade name is effective against a bankruptcy trustee if it is not 'seriously misleading' to a reasonably diligent subsequent creditor, and a non-complying bulk sale does not extinguish the transferor's creditors' security interests.
• United States v. Simmons
  714 F.2d 29· 5th Cir.· 1983-09-06 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence, as the evidence was not likely to produce a different outcome.
• John Andrews Landry (Husband) v. Barbara Carol Landry (Wife)
  436 So. 2d 353· Fla. 1st DCA· 1983-08-16 ·cited 14×
  Husband appealed the trial court's denial of his petition to modify an alimony award following his retirement from the Navy. The appellate court affirmed the lower court's decision, finding no abuse of discretion in maintaining the $300 monthly alimony obligation despite the husb
• Wall v. Nat'l R.R. Passenger Corp.
  718 F.2d 906· 9th Cir.· 1983-08-16 ·cited 14×
  The court held that a jury demand on a civil cover sheet is insufficient under Rule 38(b) and that the district court did not abuse its discretion in denying a late jury trial request.