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

• Anderson v. AIR West
  542 F.2d 1090· 9th Cir.· 1976-09-22 ·cited 14×
  The court held that the district court did not abuse its discretion in entering a default judgment and imposing sanctions against defendants for their willful failure to comply with discovery orders, including appearing for a deposition.
• Jin Soo LEE v. Immigr. & Naturalization Serv.
  541 F.2d 1383· 9th Cir.· 1976-09-13 ·cited 14×
  The court held that the applicant was statutorily eligible for adjustment of status as a 'religious worker' under the relevant regulations, and the Service's denial was not supported by substantial evidence.
• United States v. Bello
  532 F.2d 422· 5th Cir.· 1976-05-27 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the defendant's motions to take depositions, as the evidence of guilt was overwhelming and the depositions were unlikely to significantly impact the jury's verdict.
• United States v. Associated Milk Producers, Inc.
  534 F.2d 113· 8th Cir.· 1976-04-16 ·cited 14×
  The court held that the district court did not abuse its discretion in denying motions to intervene, either as of right or permissively, in a government antitrust suit and consent decree approval process.
• United States v. Bickoff
  531 F.2d 182· 3d Cir.· 1976-03-04 ·cited 14×
  The court affirmed the denial of the sentence reduction motion but remanded the denial of the request for state prison designation for reconsideration.
• Garland Wilson, Jr. v. United States
  530 F.2d 772· 8th Cir.· 1976-02-11 ·cited 14×
  The court held that the question of the Commissioner's abuse of discretion in reallocating income under § 482 is a question of law for the court, not the jury.
• Lejeune v. Mathews
  526 F.2d 950· 5th Cir.· 1976-02-06 ·cited 14×
  A federal district court has jurisdiction under the Administrative Procedure Act to review the Secretary's refusal to reopen a disability benefits determination for abuse of discretion.
• Hunt v. Caspar Weinberger
  527 F.2d 544· 6th Cir.· 1975-12-23 ·cited 14×
  The Administrative Procedure Act (APA) provides an independent grant of subject matter jurisdiction to review the Secretary's refusal to reopen a prior application for Social Security benefits, and the Secretary's decision in this case did not constitute an abuse of discretion.
• McKENNON v. McKENNON
  312 So. 2d 804· Fla. 1st DCA· 1975-05-23 ·cited 14×
  In this family law appeal, the trial court awarded custody of a minor child to the mother despite her admitted perjury at post-judgment hearings, based on the paramount consideration of the child's best interests. The appellate court affirmed the custody award and the taxation of
• Elian Bolanos v. Kiley
  509 F.2d 1023· 2d Cir.· 1975-01-29 ·cited 14×
  The court held that an alien's claim of constitutional violations by state officers does not grant a constitutional right to remain in the United States indefinitely, and the denial of an extension for voluntary departure is reviewed for abuse of discretion.
• State OF Neb. v. Norbert T. Tiemann
  510 F.2d 446· 8th Cir.· 1975-01-28 ·cited 14×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The denial of a temporary restraining order and preliminary injunction is affirmed because the state failed to demonstrate a substantial probability of success on the merits regarding the Administrator's decision to withhold federal highway funds.
• Baker v. Baker
  299 So. 2d 138· Fla. 3d DCA· 1974-07-23 ·cited 14×
  In this Florida divorce case, the husband-doctor appealed the trial court's award of rehabilitative alimony and the marital home to his ex-wife. The appellate court affirmed, holding that the trial judge properly considered the husband's substantial income, the wife's medical and
• Black v. Cent. Motor Lines, Inc.
  500 F.2d 407· 4th Cir.· 1974-07-19 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to intervene as untimely because the underlying action had been terminated.
• Izaak Walton League OF Am. v. ST. Clair
  497 F.2d 849· 8th Cir.· 1974-05-17 ·cited 14×·via Abuse Of Discretion (Appellate Review)
  The court held that the doctrine of primary jurisdiction required the Forest Service to first determine whether a permit for mining activities should be issued within the BWCA, suspending judicial proceedings until that administrative determination was made.
• Ranger Ins. Co. v. Algie
  482 F.2d 861· 5th Cir.· 1973-08-16 ·cited 14×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that the insurance policy covered the pilot's liability because the relevant endorsement provided coverage for student pilots who subsequently received a private pilot certificate, and any policy ambiguities are construed against the insurer.
• Francis v. The Chamber OF Commerce OF the United States
  481 F.2d 192· 4th Cir.· 1973-06-20 ·cited 14×
  The court held that the Chamber of Commerce failed to demonstrate practical impairment of its interests, thus the district court did not abuse its discretion in denying permissive intervention.
• In re Penn Cent. Transp. Co.
  484 F.2d 323· 3d Cir.· 1973-06-14 ·cited 14×
  The court clarifies that the district court has statutory authority to consider a trustee's petition for a private sale of debtor's property without prior ICC referral.
• Simonet v. Simonet
  279 So. 2d 35· Fla. 4th DCA· 1973-06-08 ·cited 14×
  Mrs. Simonet appealed a divorce judgment that awarded $300 per month in child support, arguing the amount was inadequate. The Fourth District Court of Appeal affirmed, finding no abuse of discretion by the trial court in determining child support based on the children's needs and
• United States v. Glenn
  473 F.2d 191· D.C. Cir.· 1972-12-22 ·cited 14×
  The court held that the trial judge's evidentiary ruling on the admissibility of spontaneous utterances was not an abuse of discretion, as it was not arbitrary, fanciful, clearly unreasonable, or clearly erroneous.
• United States v. Castro-Castro
  464 F.2d 336· 9th Cir.· 1972-07-06 ·cited 14×
  The court held that the use of a prior acquittal as evidence of guilt for a subsequent crime is subversive and indefensible, requiring reversal.
• Scooper Dooper, Inc. v. Kraftco Corp.
  460 F.2d 1204· 3d Cir.· 1972-05-10 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion for a preliminary injunction.
• United States v. Jerail William Batie
  457 F.2d 927· 5th Cir.· 1972-04-04 ·cited 14×
  The court held that the trial court did not abuse its discretion in allowing the prosecution to reopen its case, and affirmed the conviction.
• Reese Sales Co. v. Hardin
  458 F.2d 183· 9th Cir.· 1972-03-31 ·cited 14×
  The court held that the judicial officer did not err in refusing to reopen proceedings or in affirming the original order revoking the license, as the petitioner failed to provide a sufficient reason for default and did not exhaust administrative remedies.
• Harrelson v. State
  259 So. 2d 526· Fla. 1st DCA· 1972-03-28 ·cited 14×·via Abuse Of Discretion Standard For Continuance
  Bobby Joe Harrelson was convicted of robbery and sentenced to twenty-five years. He appealed arguing that the trial court erred by denying a continuance due to prejudicial news coverage and that the prosecutor's closing argument was inflammatory. The appellate court affirmed, fin
• United States v. Harbolt
  455 F.2d 970· 5th Cir.· 1972-03-02 ·cited 14×
  The court held that the district court did not abuse its discretion in denying motions for sentence reduction or modification without holding a hearing or securing updated information.
• Langston v. Langston
  257 So. 2d 625· Fla. 3d DCA· 1972-02-08 ·cited 14×
  In this divorce appeal, the husband challenges the trial court's award of $183,750 in lump sum alimony to his wife over nine years and eleven months, as well as the court's reservation of jurisdiction to consider periodic alimony in the future and the award of attorneys' fees. Th
• Valmont Indus., Inc. v. Enresco, Inc.
  446 F.2d 1193· 10th Cir.· 1971-07-08 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the motion for relief from judgment because the appellants failed to demonstrate due diligence in discovering the German patent.
• United States v. Levrie
  445 F.2d 429· 5th Cir.· 1971-06-24 ·cited 14×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not err in denying the defendant's motions for severance and mistrial, as the defendant failed to demonstrate sufficient prejudice.
• Vindigni v. Meyer
  441 F.2d 376· 2d Cir.· 1971-03-26 ·cited 14×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court erred in denying the motion to vacate dismissal without an evidentiary hearing, given the unusual circumstance of the plaintiff's attorney's disappearance.
• United States v. Jewett
  438 F.2d 495· 8th Cir.· 1971-02-18 ·cited 14×
  The court held that the trial court did not err in admitting testimony regarding Indian land title and in giving a jury instruction on voluntary intoxication.
• Coda M. Fears v. Burris Mfg. Co.
  436 F.2d 1357· 5th Cir.· 1971-01-20 ·cited 14×·via Abuse Of Discretion (Appellate Review)
  The court held that Mississippi Employment Security Law § 11(g)(1) does not create an absolute privilege against disclosure of MESC records in a federal proceeding, and the Fifth Amendment privilege against self-incrimination is not implicated.
• Simonet v. Simonet
  241 So. 2d 720· Fla. 4th DCA· 1970-12-14 ·cited 14×
• United States v. Pollack
  433 F.2d 967· 5th Cir.· 1970-10-26 ·cited 14×
  The court held that allowing jurors to take notes and use them during deliberations, and denying a mistrial based on a juror's inquiry about witness numbers, were not abuses of discretion.
• Peterson v. United States
  432 F.2d 545· 8th Cir.· 1970-10-02 ·cited 14×·via Abuse Of Discretion Standard For Sentencing
  The court held that the motion for reduction of sentence was untimely filed and the sentence imposed was within statutory limits and not an abuse of discretion.
• Ketchum v. Nall
  425 F.2d 242· 10th Cir.· 1970-05-04 ·cited 14×
  The court held that the trial judge did not abuse discretion in denying the motion for a new trial, finding the jury's verdict was supported by substantial evidence and not tainted by passion or prejudice.
• United States v. Blassick
  422 F.2d 652· 7th Cir.· 1970-02-10 ·cited 14×·via Abuse Of Discretion Standard For Continuance
  The court held that a prosecutor's comment on a defendant's silence, while improper, was harmless beyond a reasonable doubt given defense counsel's prior remarks and the court's curative instructions. The court also held that a warrantless search of a locker was permissible under
• United States v. Mattin
  419 F.2d 1086· 8th Cir.· 1970-01-16 ·cited 14×
  The court held that the trial judge did not abuse discretion in conducting the voir dire examination and refusing to ask all specific questions proposed by the defense.
• United States v. Thomas
  415 F.2d 1216· 9th Cir.· 1969-08-12 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, as the plea was not coerced.
• Redac Project 6426, Inc. v. Allstate Ins. Co.
  412 F.2d 1043· 2d Cir.· 1969-06-16 ·cited 14×
  The court held that the district court did not abuse its discretion in dismissing the plaintiffs' action with prejudice due to their repeated delays and in issuing a permanent injunction against further actions seeking injunctive relief.
• Rogers v. United States
  411 F.2d 228· 10th Cir.· 1969-05-20 ·cited 14×
  The court held that the defendant's assignments of error regarding the use of the terms 'insane' and 'insanity,' improper trial tactics, refusal of a 'missing witness' instruction, and prejudicial references to prior jail stays were without merit.
• Taft Douglas, Jr. v. State
  216 So. 2d 82· Fla. 3d DCA· 1968-11-26 ·cited 14×
  Taft Douglas, Jr. appealed his conviction for breaking and entering a dwelling with intent to commit felony larceny, arguing that the trial court abused its discretion by denying his request for a continuance when his newly appointed public defender had insufficient time to prepa
• Cummings v. United States
  398 F.2d 377· 8th Cir.· 1968-07-24 ·cited 14×
  The court held that the trial court did not err in refusing to grant a continuance, in admitting the defendant's statements, or in its jury instructions, and that sufficient evidence supported the conviction.
• Jasper Hollis Rosemund v. United States
  386 F.2d 412· 10th Cir.· 1967-12-08 ·cited 14×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the admission of marked currency, even if altered, is permissible if the trial court finds it is in substantially the same condition and properly identified.
• Channel 9 Syracuse, Inc. v. Fed. Commc'ns Comm'n
  385 F.2d 969· D.C. Cir.· 1967-09-26 ·cited 14×
  The court affirmed the FCC's grant of microwave applications and CATV waivers, finding the record sufficient to support the decision despite some lack of specificity.
• Cal. GAS Producers Ass'n v. Fed. Power Comm'n
  383 F.2d 645· 9th Cir.· 1967-09-15 ·cited 14×
  The court held that the Federal Power Commission did not abuse its discretion in authorizing Pacific Gas Transmission Company to import additional natural gas, as its findings were supported by substantial evidence and consistent with the Natural Gas Act.
• Troj v. Hampton Smith
  199 So. 2d 285· Fla. 2d DCA· 1967-04-26 ·cited 14×
  Plaintiff Troj appealed from a jury verdict awarding him $6,500 in damages for injuries from a rear-end automobile collision, arguing the trial court erred in excluding expert medical testimony. The appellate court affirmed the exclusion of Dr. Sherman's opinion testimony on the
• Harries v. United States
  350 F.2d 231· 9th Cir.· 1965-08-20 ·cited 14×·via Abuse Of Discretion In Limiting Cross-Examination
  The court held that the trial court's finding of fact regarding proximate cause was not clearly erroneous, and the limitation on cross-examination did not constitute an abuse of discretion.
• Stilwell v. The Travelers Ins. Co.
  327 F.2d 931· 5th Cir.· 1964-02-17 ·cited 14×
  The court held that the district court erred in denying the motion for relief from judgment by applying an incorrect legal standard, and vacated the judgment.
• United States v. Smiley
  322 F.2d 248· 2d Cir.· 1963-09-12 ·cited 14×
  The court held that the trial judge acted within his discretion in denying the defendant's motion to withdraw his guilty plea and in denying the motion to disqualify himself.
• O'Brien v. Sinatra
  315 F.2d 637· 9th Cir.· 1963-04-05 ·cited 14×
  The court held that the trial judge acted within his discretionary powers in dismissing the amended complaint for failure to comply with a court order.