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

• Wright v. Wright
  613 So. 2d 1330· Fla. 4th DCA· 1992-12-09 ·cited 13×
  In this Florida dissolution of marriage appeal, the husband challenges the trial court's equitable distribution of assets and award of permanent alimony following a seven-year marriage. The appellate court affirms the equitable distribution scheme but reverses the permanent alimo
• United States v. Williams
  963 F.2d 1337· 10th Cir.· 1992-05-05 ·cited 13×
  The court held that the district court erred in finding a due process violation based on the referral to federal prosecution and improperly departed from sentencing guidelines. The court also held that the district court did not abuse its discretion in excluding evidence of juven
• In re BH & P Inc.
  949 F.2d 1300· 3d Cir.· 1991-12-05 ·cited 13×
  The court held that it had appellate jurisdiction over the district court's order, but the dissenting judge disagreed with the majority's conclusion that the bankruptcy court did not abuse its discretion in removing the trustee and counsel.
• United States v. Tham
  960 F.2d 1391· 9th Cir.· 1991-11-05 ·cited 13×
  The court held that the district court did not err in denying the defendant's motions and issuing jury instructions, affirming his conviction and sentence.
• NOE v. State
  586 So. 2d 371· Fla. 1st DCA· 1991-08-07 ·cited 13×·via Manifest Abuse Of Discretion
  Julia Noe was convicted of first-degree murder and aggravated child abuse in the death of her three-year-old son. On appeal, the First District Court of Appeal reversed and remanded for a new trial based on the trial court's erroneous denial of challenges for cause to two prospec
• Mercier v. Sheraton Int'l, Inc.
  935 F.2d 419· 1st Cir.· 1991-06-04 ·cited 13×
  The court held that the district court erred in dismissing the case on forum non conveniens grounds because the defendant failed to adequately demonstrate that Turkey was an available and adequate alternative forum.
• Burlington N. R.R. Co. v. Dep't OF Revenue OF The State OF Wash.
  934 F.2d 1064· 9th Cir.· 1991-05-24 ·cited 13×
  The court held that the district court abused its discretion by referring the entire case to a special master, as no exceptional circumstances justified such a broad delegation of judicial authority.
• Comcoa, Inc. v. NEC Telephones, Inc.
  931 F.2d 655· 10th Cir.· 1991-04-26 ·cited 13×
  The court held that the district court erred in granting summary judgment on the implied covenant of good faith and fair dealing, but affirmed the jury's verdict on price discrimination and the imposition of sanctions.
• Dutchak v. Central States
  932 F.2d 591· 7th Cir.· 1991-04-19 ·cited 13×
  The court held that the district court did not err in approving a fee multiplier of two and in its calculation of the lodestar figure, affirming the award of attorney's fees.
• United States v. Tabacca
  924 F.2d 906· 9th Cir.· 1991-01-29 ·cited 13×
  The court held that the statute prohibiting interference with flight attendants does not require endangerment of the aircraft and that the defendant's conduct constituted intimidation under the statute. However, the court reversed the conviction due to the district court's abuse
• Hopkins v. Price Waterhouse
  920 F.2d 967· D.C. Cir.· 1990-12-04 ·cited 13×
  The court affirmed the district court's decision, finding that while the factual findings were questionable, they were not clearly erroneous, and the award of partnership was a permissible, albeit extraordinary, remedy under Title VII.
• Perkins v. Spivey
  911 F.2d 22· 8th Cir.· 1990-07-24 ·cited 13×
  Kansas common law does not impose a duty on employers to prevent purely psychological harm from sexual harassment, but does impose a duty to prevent physical harm resulting from negligent retention of dangerous employees. A judge's recusal is not required based on a spouse's prof
• Samuels v. Wilder
  906 F.2d 272· 7th Cir.· 1990-06-29 ·cited 13×
  The court affirmed sanctions for a post-judgment motion but vacated sanctions for delay in withdrawing a claim, remanding for consideration under 28 U.S.C. § 1927.
• United States v. Valentin Eufracio-Torres
  890 F.2d 266· 10th Cir.· 1989-11-22 ·cited 13×
  The court held that the trial court did not err in admitting deposition testimony of unavailable witnesses and prior convictions for illegal entry, as the government made reasonable efforts to secure attendance and the prior convictions were relevant to knowledge.
• Antun Invs. Corp. v. Ergas
  549 So. 2d 706· Fla. 3d DCA· 1989-09-19 ·cited 13×
  Antun Investments Corporation appeals a judgment against it in a nuisance action brought by owners of the adjacent Royal Palm Hotel. The trial court awarded damages for lost profits, out-of-pocket remediation costs, and future prospective damages. The appellate court affirms the
• D.L. Thornton, M.D. v. DeBERRY
  548 So. 2d 1177· Fla. 4th DCA· 1989-09-13 ·cited 13×
  This is an appeal of a trial court's order granting a change of venue in a medical malpractice action. The court found that extensive and relentless media coverage, combined with jury pool contamination and practical impossibility of seating a fair jury, justified transferring th
• Chambless v. Masters
  885 F.2d 1053· 2d Cir.· 1989-09-12 ·cited 13×
  The court held that the district court's award of actuarially-adjusted benefits was the functional equivalent of prohibited retroactive benefits, and affirmed the district court's attorney fee award, except for paraprofessional services which require further consideration.
• United Food & Commercial Workers v. Marval Poultry Co.
  876 F.2d 346· 4th Cir.· 1989-05-30 ·cited 13×
  The court held that Marval's challenges to the arbitration awards were unjustified, warranting an award of attorney's fees to the Union.
• Berry v. Lenore H. Berry
  550 So. 2d 1125· Fla. 3d DCA· 1989-04-25 ·cited 13×
  A husband appealed the dismissal of his petition to modify alimony and recover overpayments after his ex-wife secretly remarried in 1980. The court reversed, holding that periodic support payments designated in the 1974 divorce agreement constituted terminable alimony subject to
• Murphy v. City OF Flagler Beach
  846 F.2d 1306· 11th Cir.· 1988-06-10 ·cited 13×
  The court held that a federal rule of mitigation of damages applies in 42 U.S.C. § 1983 actions, and the jury's calculation of damages was not subject to review for clear error.
• United States v. Dedra Estell Overton
  834 F.2d 1171· 5th Cir.· 1987-12-15 ·cited 13×
  The court affirmed the denial of a preliminary injunction, finding the balance of harms weighed against granting it due to the timing.
• United States v. Rios-Ortiz
  830 F.2d 1067· 9th Cir.· 1987-10-22 ·cited 13×
  A defendant's mere change of heart is insufficient to justify withdrawing a guilty plea before sentencing; the defendant must show a fair and just reason, and the decision rests within the district court's discretion.
• Calvin Klein Cosmetics Corp. v. Parfums de Coeur, Ltd.
  824 F.2d 665· 8th Cir.· 1987-07-29 ·cited 13×
  The court held that the district court did not abuse its discretion in denying most of Calvin Klein's motions for preliminary injunctions, but vacated an overbroad injunction paragraph.
• United States v. Ianniello
  824 F.2d 203· 2d Cir.· 1987-07-21 ·cited 13×
  The court held that the district court did not abuse its discretion in appointing a receiver for Umberto's Clam House and in assessing the costs of the receivership against the government pending trial.
• United States v. Thaeeb BAY
  820 F.2d 1511· 9th Cir.· 1987-07-07 ·cited 13×
  The court held that the prior ruling in United States v. Hagler precludes application of the Pearce presumption in this case, as there was no net increase in the defendant's total sentence.
• United States v. Ike Kozminski
  821 F.2d 1186· 6th Cir.· 1987-04-16 ·cited 13×
  The court held that a defendant's intent is crucial when psychological coercion is the basis for involuntary servitude.
• Blanton v. Anzalone
  813 F.2d 1574· 9th Cir.· 1987-04-09 ·cited 13×
  The court held that the district court abused its discretion by not applying the statutory Treasury bill rate for prejudgment interest on the ERISA award without justification, but affirmed the deletion of prejudgment interest on the Redemption Award as a correctable clerical err
• Lasky v. Cont'l Prods. Corp. Cont'l Gummi-Werke
  804 F.2d 250· 3d Cir.· 1986-10-31 ·cited 13×
  The court held that the district court had jurisdiction to entertain a Rule 60(b) motion to allocate settlement proceeds and that denying such a motion under these circumstances constituted an abuse of discretion.
• Morfeld v. Kehm
  803 F.2d 1452· 8th Cir.· 1986-10-29 ·cited 13×
  The court held that a directed verdict granted solely on the plaintiff's opening statement, based on the plaintiff's failure to list the defendant as a witness, was an abuse of discretion.
• United States v. Guerrero
  803 F.2d 783· 3d Cir.· 1986-10-27 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting testimony about the defendant's threats to a witness, as the evidence was not hearsay and its probative value outweighed its prejudicial effect under Rule 403.
• In re Warner Commc'ns Sec. Litig. Steven Becker v. Warner Commc'ns, Inc.
  798 F.2d 35· 2d Cir.· 1986-08-04 ·cited 13×
  The court affirmed the district court's approval of the settlement, holding that the district court did not abuse its discretion in approving a settlement where the source of funds was not the primary concern, as long as the total compensation to class members was fair and reason
• Hossein A. Salehi v. Dist. Dir.
  796 F.2d 1286· 10th Cir.· 1986-07-16 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the aliens' claims challenging administrative actions and seeking asylum, as these claims were not direct attacks on their final deportation orders.
• Orange Prod. Credit Ass'n v. Frontline Ventures Ltd.
  792 F.2d 797· 9th Cir.· 1986-06-17 ·cited 13×
  The court held that filing a complaint in federal court lacking subject matter jurisdiction, after a prior dismissal for the same reason, violates Rule 11 of the Federal Rules of Civil Procedure, and the district court did not abuse its discretion in awarding sanctions.
• Moore v. City OF Paducah
  790 F.2d 557· 6th Cir.· 1986-05-16 ·cited 13×
  The court held that denying a motion to amend a complaint solely based on unjustified delay, without a significant showing of prejudice to the opposing party, constitutes an abuse of discretion.
• Johnson v. Kemp
  781 F.2d 1570· 11th Cir.· 1986-02-14 ·cited 13×
  The court held that the district court abused its discretion in setting a partial filing fee based on the inmate's litigation history without considering good faith and in setting an amount disproportionately high given the inmate's limited financial resources.
• United States v. Dickie
  775 F.2d 607· 5th Cir.· 1985-10-25 ·cited 13×
  The court held that the district court did not abuse its discretion in transferring venue, restricting cross-examination, or including information in the presentence report.
• United States v. ONE 1979 Rolls-Royce Corniche Convertible
  770 F.2d 713· 7th Cir.· 1985-08-27 ·cited 13×
  The court held that the claimant failed to demonstrate grounds for vacating the default judgment and that the appeal should be dismissed for lack of jurisdiction over the res after its proper disposition.
• United States v. Hattrup
  763 F.2d 376· 9th Cir.· 1985-06-14 ·cited 13×
  The court held that the district judge did not abuse his discretion in denying the government's motion for a continuance, and consequently, did not abuse his discretion in entering a dismissal with prejudice.
• Emil Lawrence v. Commodity Futures Trading Comm'n
  759 F.2d 767· 9th Cir.· 1985-05-03 ·cited 13×
  The Commission had jurisdiction to bring an independent enforcement proceeding for failure to pay a civil penalty, and the suspension of the petitioner's registration was not an abuse of discretion.
• Carter v. Procunier
  755 F.2d 1126· 5th Cir.· 1985-03-22 ·cited 13×
  The court held that the petitioner was 'in custody' for habeas corpus purposes and that his claim was not moot, as collateral consequences could still arise from the challenged conviction.
• Fisher v. Fisher
  450 So. 2d 1183· Fla. 2d DCA· 1984-05-04 ·cited 13×
• Stich v. United States
  730 F.2d 115· 3d Cir.· 1984-03-19 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting an expert's article and testimony despite the plaintiffs' claim of surprise, nor did it err in denying discovery of the underlying data.
• Peraza v. Delameter
  722 F.2d 1455· 9th Cir.· 1984-01-03 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting the police canine policy and evidence of subsequent bad acts, and that the jury instructions were adequate.
• Biscayne Fed. Sav. & Loan Ass'n v. Fed. Home Loan Bank Bd. & Fed. Sav. & Loan Ins. Corp.
  720 F.2d 1499· 11th Cir.· 1983-11-29 ·cited 13×
  The court held that the district court lacked the authority to remove the FSLIC as receiver or order the return of assets because the statutory grounds for appointment were met, and judicial review is limited to determining the existence of those grounds.
• Pitzak v. Off. OF Pers. Mgmt.
  710 F.2d 1476· 10th Cir.· 1983-07-14 ·cited 13×
  The court held that while factual determinations of disability are not judicially reviewable, procedural and constitutional claims regarding agency action are subject to review.
• Ferradas v. State
  434 So. 2d 24· Fla. 3d DCA· 1983-07-05 ·cited 13×
• Smillie v. Park Chem. Co.
  710 F.2d 271· 6th Cir.· 1983-06-28 ·cited 13×·via Abuse Of Discretion Standard For Attorney'S Fees
  The court held that appeals from the merits judgment were untimely because a post-judgment motion for attorney fees does not toll the time for filing an appeal. The court affirmed the district court's award of attorney fees.
• Hall v. Fed. Energy Regulatory Comm'n
  691 F.2d 1184· 5th Cir.· 1982-11-26 ·cited 13×
  The court held that the Federal Energy Regulatory Commission (FERC) abused its discretion in denying Hall Group's application for a waiver of notice requirements, as the Commission's stated reasons lacked sufficient support and misapplied legal principles.
• United States v. Jackson
  688 F.2d 1121· 7th Cir.· 1982-09-15 ·cited 13×
  The court held that a lay witness's opinion testimony identifying a defendant in surveillance photographs is admissible under Federal Rule of Evidence 701 if rationally based on perception and helpful to the jury, even if the witness's familiarity is limited.
• United States v. Skipper
  633 F.2d 1177· 5th Cir.· 1981-01-09 ·cited 13×
  The court affirmed the district court's judgment on the forfeited bond and denial of remission, holding that the sureties were contractually bound and that the district court did not abuse its discretion in denying remission while the defendant remained at large.