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. Duff
  707 F.2d 1315· 11th Cir.· 1983-06-24 ·cited 14×
  The court held that there was sufficient evidence to support the conviction and that the trial court did not err in admitting certain testimony or in its jury instructions.
• Oss Smith, Jr. v. Martinez
  706 F.2d 572· 5th Cir.· 1983-06-06 ·cited 14×
  The court held that the trial court did not abuse its discretion in requiring a prisoner to pay partial filing and service fees totaling $3.00 from his prison account.
• Beck v. Quiktrip Corp.
  708 F.2d 532· 10th Cir.· 1983-06-02 ·cited 14×
  The court held that the trial court did not err in admitting statistical evidence, in finding that the employer's stated reasons for discharge were pretextual, or in its handling of preliminary findings, as the trial was fundamentally fair.
• Mertsching v. United States
  704 F.2d 505· 10th Cir.· 1983-04-12 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court held that the Fifth Amendment right against self-incrimination does not apply to civil penalties under 26 U.S.C. § 6694, and thus the dismissal for failure to comply with discovery was not an abuse of discretion.
• United States v. Dysart
  705 F.2d 1247· 10th Cir.· 1983-04-11 ·cited 14×
  The court held that the trial court did not err in admitting the testimony of Dr. Leach, in its jury instructions, or in admitting evidence of prior threats, and that the defendant waived certain objections by failing to raise them timely.
• United States v. Jens Roger Olson
  697 F.2d 273· 8th Cir.· 1983-01-14 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the appellant's motion for a continuance.
• United States v. Potamkin Cadillac Corp.
  697 F.2d 491· 2d Cir.· 1983-01-07 ·cited 14×
  The court held that the district court did not abuse its discretion in denying a motion to vacate a judgment based on newly discovered evidence, as the evidence was not truly newly discovered and due diligence was not shown.
• Avalon L. Severs v. Severs
  426 So. 2d 992· Fla. 5th DCA· 1983-01-05 ·cited 14×·via Reasonableness Test For Abuse Of Discretion
  In this dissolution of marriage appeal, the wife sought increased alimony, permanent rather than rehabilitative alimony, life and medical insurance provisions, higher attorney fees, and a special equity interest in her ex-husband's professional degree and earning capacity. The ap
• TPM Constructors, Inc. v. Twin Coast Title, Inc.
  425 So. 2d 580· Fla. 5th DCA· 1982-12-22 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  TPM Constructors appeals the trial court's denial of its motion to vacate a default judgment entered in favor of Twin Coast Title for breach of contract. The Fifth District Court of Appeal reversed, finding the trial court's order was devoid of explanation and may have been based
• United States v. Hamilton
  694 F.2d 398· 5th Cir.· 1982-12-09 ·cited 14×·via Abuse Of Discretion Standard For Severance
  The court held that the evidence was sufficient to support the wire fraud conviction and that the joinder and severance of counts were proper.
• United States v. Taylor
  693 F.2d 919· 9th Cir.· 1982-12-01 ·cited 14×
  The court held that the statute prohibiting federal employees from striking is constitutional and enforceable, and that the prosecution of union leaders was not impermissibly selective.
• The Instrumentalist Co. v. Marine Corps League & the United States Marine Youth Found., Inc.
  694 F.2d 145· 7th Cir.· 1982-11-24 ·cited 14×
• Borough OF Lansdale v. Philadelphia Elec. Co.
  692 F.2d 307· 3d Cir.· 1982-11-08 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the determination of the relevant geographic market in an antitrust case involving an electric utility is a question of fact for the jury, not a matter of law for the court, and that the jury's finding of no monopoly power was supported by sufficient evidence.
• United States v. Hamann
  688 F.2d 507· 7th Cir.· 1982-09-13 ·cited 14×·via Abuse Of Discretion Standard For Evidence Admission
  The court held that supplemental jury instructions and the admission of handwriting exemplars revealing incarceration did not violate the Silvern rule or constitute an abuse of discretion, respectively.
• United States v. Gordon
  688 F.2d 42· 8th Cir.· 1982-09-09 ·cited 14×
  The court held that the trial court did not err in admitting tape recordings and transcripts, refusing to admit polygraph results, or in denying a mistrial based on prosecutorial remarks.
• Woods v. United States
  681 F.2d 988· 5th Cir.· 1982-08-04 ·cited 14×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Coast Guard's admonishment of a vessel operator for negligence was proper, as the operator failed to overcome the presumption of fault arising from a collision with a fixed object.
• Richey Manor, Inc. v. Schweiker
  684 F.2d 130· D.C. Cir.· 1982-07-30 ·cited 14×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  A stock purchase followed by conversion to a not-for-profit corporation does not entitle the provider to a stepped-up basis for depreciation or reimbursement for interest expenses incurred by the purchaser.
• Sunil Lotus Aiyadurai v. Immigr. & Naturalization Serv. & Gerald L. Coyle
  683 F.2d 1195· 8th Cir.· 1982-07-28 ·cited 14×
  The court affirmed the denial of the motion to reopen deportation proceedings but vacated the deportation order and remanded for reinstatement of voluntary departure status.
• Sperry Corp. & Its Sperry Univac Div. v. City OF Minneapolis & Burroughs Corp.
  680 F.2d 1234· 8th Cir.· 1982-06-24 ·cited 14×
  The court held that an order denying a motion to modify an injunction is appealable and that the district court did not err in determining that the settlement agreement was not a contract within the purview of competitive bidding statutes.
• In re Sessions
  672 F.2d 564· 5th Cir.· 1982-04-09 ·cited 14×
  The court held that a writ of mandamus will not issue to compel a district court to allow non-stenographic depositions under Rule 30(b)(4) when the district court has not clearly abused its discretion.
• Lewis v. United States Marine Corps
  674 F.2d 714· 8th Cir.· 1982-03-31 ·cited 14×
  The court held that the Merit Systems Protection Board's denial of attorney's fees was not an abuse of discretion because the agency's actions, while not ultimately proven by a preponderance of the evidence, were not "clearly without merit" and did not otherwise meet the statutor
• Jamesway Corp. v. Nat'l Labor Relations Bd.
  676 F.2d 63· 3d Cir.· 1982-03-31 ·cited 14×
  The court held that the majority's adoption of the 'substantial evidence' standard of review for election misconduct was erroneous, and that a remand for an evidentiary hearing on the materiality and impact of a misrepresentation was necessary.
• United States v. State OF La.
  669 F.2d 314· 5th Cir.· 1982-03-05 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the NAACP's second motion to intervene as untimely.
• Robert M. v. Benton
  671 F.2d 1104· 8th Cir.· 1982-02-24 ·cited 14×·via Abuse Of Discretion Standard For Fee Awards
  The court affirmed the district court's award of attorney's fees, finding that fees were recoverable under 42 U.S.C. § 1988 and that the amount awarded was not an abuse of discretion.
• Bennie E. Demps v. Louie L. Wainwright
  666 F.2d 224· 5th Cir.· 1982-01-22 ·cited 14×
  The court held that the use of a deposition at trial, even if it violated the Confrontation Clause, was harmless error beyond a reasonable doubt due to overwhelming evidence of guilt. The denial of severance was not an abuse of discretion.
• Darbin v. Nourse
  664 F.2d 1109· 9th Cir.· 1981-12-28 ·cited 14×
  The court held that the trial court abused its discretion and violated Rule 47(a) by failing to adequately probe prospective jurors for bias regarding law enforcement officers' testimony.
• Seashore Club OF Atl. City, Inc. v. Manley Tessler
  405 So. 2d 767· Fla. 4th DCA· 1981-11-04 ·cited 14×
  The appellate court reversed a temporary injunction prohibiting fund disbursement because the trial court failed to make findings of fact establishing the required elements for injunctive relief, instead merely assuming the complaint's allegations were true.
• United States v. Dumas
  658 F.2d 411· 5th Cir.· 1981-10-08 ·cited 14×
  The court held that the trial court did not abuse its discretion in dismissing a juror, limiting cross-examination, admitting evidence of an extraneous offense, or in its jury instructions on entrapment, and that any procedural errors were harmless.
• Arbrook, Inc. v. Am. Hosp. Supply Corp.
  645 F.2d 273· 5th Cir.· 1981-05-15 ·cited 14×·via Abuse Of Discretion (Appellate Review)
  The court held that the patents in suit were invalid due to anticipation by prior art, but reversed the award of attorney's fees to the defendants, finding no exceptional circumstances.
• Education/Instruccion, Inc. v. United States Dep't OF Hous. & Urban Dev.
  649 F.2d 4· 1st Cir.· 1981-05-12 ·cited 14×
  The court affirmed the district court's award of attorney fees, finding no abuse of discretion in limiting the award based on the reasonableness of the government's withholding of documents.
• Summers v. The United States
  648 F.2d 1324· Ct. Cl.· 1981-05-06 ·cited 14×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the plaintiff was entitled to premium overtime pay for periods where he was subjected to unjustified or unwarranted personnel actions, including improper reassignments and suspensions, as these actions violated procedural requirements and entitled him to back
• Freeman and Clarabelle Gray v. Fid. Acceptance Corp.
  634 F.2d 226· 5th Cir.· 1981-01-12 ·cited 14×
  The court held that dismissal with prejudice is an extreme sanction unwarranted by the record of delay in this case.
• United States v. Feinberg
  631 F.2d 388· 5th Cir.· 1980-11-24 ·cited 14×
  A prosecutor's promise not to seek probation revocation does not bind the court, and a guilty plea conviction is sufficient grounds for revocation, even if the defendant maintains innocence.
• Pepper v. Pepper
  388 So. 2d 1342· Fla. 3d DCA· 1980-10-14 ·cited 14×
  In this Florida divorce appeal, Pepper challenged the financial obligations imposed upon him in the dissolution judgment, including alimony, responsibility for his ex-wife's medical expenses, and attorney's fees. The court affirmed most of the trial court's awards but reversed th
• Commercial Nat'l Bank v. Raines, III
  631 F.2d 563· 8th Cir.· 1980-09-10 ·cited 14×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not abuse its discretion in granting a new trial and that sufficient evidence supported submitting the issues of negligent lookout and attractive nuisance to the jury.
• United States v. Love
  692 F.2d 1147· 8th Cir.· 1980-08-12 ·cited 14×
  The court held that the identification procedures were not impermissibly suggestive and that the trial court did not abuse its discretion in admitting evidence or denying severance.
• United States v. Minwer A. Badwan
  624 F.2d 1228· 4th Cir.· 1980-06-26 ·cited 14×
  The district court abused its discretion in denying the requested continuance, leading to inadequate preparation time for the defense.
• Vasa Kaliski v. Dist. Dir. OF Immigr. & Naturalization Serv.
  620 F.2d 214· 9th Cir.· 1980-05-30 ·cited 14×
  A state law recognizing legitimation acts occurring before the father and child have contact with the state is applicable in immigration cases, provided the father later establishes domicile in that state and the child is legitimated before eighteen.
• Medeiros v. United States
  621 F.2d 468· 1st Cir.· 1980-05-28 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action for lack of prosecution.
• Hotel & Rest. Emps. & Bartenders Int'l Union v. Rollison
  615 F.2d 788· 9th Cir.· 1980-01-11 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the district court's decisions, finding no abuse of discretion in granting a partial preliminary injunction, denying summary judgment, and deferring action pending administrative proceedings.
• United States v. Pressley
  602 F.2d 709· 5th Cir.· 1979-09-13 ·cited 14×
  The court held that the record was inadequate to determine if the trial judge abused discretion in denying the motion to withdraw a guilty plea, requiring remand for further inquiry.
• Nat'l Labor Relations Bd. v. Wrape Forest Indus., Inc.
  596 F.2d 817· 8th Cir.· 1979-04-24 ·cited 14×
  The court held that the National Labor Relations Board erred in refusing to count ballots that clearly expressed a 'No' vote, even if irregularly marked.
• Winkler v. Andrus
  594 F.2d 775· 10th Cir.· 1979-02-21 ·cited 14×
  The court held that the Department's rejection of an oil and gas lease offer based on the applicant's use of an 'agency' stamp, mistakenly believing it indicated a corporation, was arbitrary and capricious.
• Travelers Indem. Co. v. Alzenia Hicks and Robert Hicks
  363 So. 2d 628· Fla. 3d DCA· 1978-10-31 ·cited 14×
  Travelers Indemnity Company, insurer of a defendant in an automobile negligence case, appeals from an order granting a new trial on damages. The trial court set aside a jury verdict favoring the plaintiffs, finding it inadequate and contrary to the manifest weight of evidence. Th
• United Parcel Serv. OF Ohio, Inc. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  570 F.2d 806· 8th Cir.· 1978-02-17 ·cited 14×·via Abuse Of Administrative Discretion
  The court held that while the safety standard was valid, the Commission's order requiring all employees to wear steel-toed safety shoes was overbroad and an abuse of discretion given the specific circumstances.
• Jennings v. Jennings
  353 So. 2d 921· Fla. 4th DCA· 1978-01-04 ·cited 14×
  A petition requesting only a reduction in alimony does not provide sufficient notice to support a complete cancellation of alimony payments; cancellation must be separately pleaded.
• All-Star Ins. Corp. v. Scandia, Inc.
  353 So. 2d 171· Fla. 3d DCA· 1977-12-06 ·cited 14×
  All-Star Insurance Corporation appealed the trial court's award of $27,300 in attorneys' fees to Scandia, Inc. following remand from a prior appellate decision. The court affirmed the award, holding that the trial judge did not abuse his discretion in determining reasonable attor
• Livesay v. Punta Gorda Isles, Inc.
  550 F.2d 1106· 8th Cir.· 1977-03-04 ·cited 14×
  The court held that the district court abused its discretion in decertifying the class action based on plaintiffs' alleged delay, as the delay was not solely attributable to plaintiffs and did not prejudice the class members.
• Allen v. State
  340 So. 2d 536· Fla. 3d DCA· 1976-12-20 ·cited 14×
  The court held that the trial court did not err in admitting photographs of the deceased victim taken at the scene of the crime.
• Cherry v. Brown-Frazier-Whitney
  548 F.2d 965· D.C. Cir.· 1976-11-11 ·cited 14×
  The court held that the district judge did not abuse his discretion in dismissing the action for failure to prosecute and in denying the motion to set aside the dismissal.