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

• Jackman v. State
  140 So. 2d 627· Fla. 3d DCA· 1962-04-24 ·cited 68×
  Two defendants convicted of armed robbery appealed on multiple evidentiary and procedural grounds. The Florida appellate court affirmed their convictions, finding no abuse of discretion by the trial court in its evidentiary rulings, handling of witness credibility issues, and den
• State v. Rose
  122 Fla. 227· Fla.· 1935-12-13 ·cited 68×·via Abuse Of Administrative Discretion
  West Flagler Amusement Co. sought a writ of mandamus to compel the State Racing Commission to rescind its October 22, 1935 order allocating dog racing dates in Dade County, alleging the Commission unlawfully discriminated against it by granting fewer racing days than competing tr
• Caballero v. State
  851 So. 2d 655· Fla.· 2003-07-10 ·cited 67×
  Luis Caballero was convicted of first-degree murder, kidnapping, robbery, and burglary in the death of Denise O'Neill. The Florida Supreme Court affirmed his convictions and death sentence, rejecting challenges to prosecutorial comments, the aggravating circumstances found, and t
• Evans v. State
  800 So. 2d 182· Fla.· 2001-10-11 ·cited 67×
  Steven Evans appeals his conviction for first-degree murder and death sentence in the execution-style killing of Kenneth Lewis during a botched home invasion robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Evans' challenges to his com
• Nordyne, Inc. v. Fla. Mobile Home Supply, Inc.
  625 So. 2d 1283· Fla. 1st DCA· 1993-10-20 ·cited 67×
  Nordyne appealed a jury verdict that found it liable for fraud and tortious interference with business relationships, awarding FMHS compensatory and punitive damages. The court affirmed the liability findings and most damages awards but reversed the trial court's post-trial judgm
• Pansy O. Carlton v. Wal-Mart Stores, Inc.
  621 So. 2d 451· Fla. 1st DCA· 1993-03-16 ·cited 67×
  Carlton appealed the dismissal of her negligence action against Walmart for failure to serve process within 120 days as required by Florida Rule 1.070(j). The court reversed, holding that Carlton established good cause for the delay because her attorney reasonably believed Walmar
• Kearse v. State
  605 So. 2d 534· Fla. 1st DCA· 1992-09-17 ·cited 67×
  James Kearse appealed his cocaine trafficking conviction and 20-year habitual felony offender sentence, arguing the trial court failed to conduct proper inquiries into his requests to discharge court-appointed counsel and to represent himself. The First District Court of Appeal r
• Kingsdown Med. Consultants, Ltd. v. Hollister Inc.
  863 F.2d 867· Fed. Cir.· 1988-12-21 ·cited 67×
  The court held that the district court's finding of deceitful intent was clearly erroneous, reversing the judgment of inequitable conduct.
• Cunningham v. Cnty. OF LOS Angeles
  869 F.2d 427· 9th Cir.· 1988-10-11 ·cited 67×
  The court held that the district court abused its discretion by improperly reducing the attorney fee award based on factors already subsumed in the lodestar calculation and by misapplying Rule 11 sanctions to post-signing conduct.
• McKAY v. State
  504 So. 2d 1280· Fla. 1st DCA· 1986-12-03 ·cited 67×·via Abuse Of Discretion Standard For Continuance
  McKay appeals his conviction and sentence for robbery with a firearm and aggravated assault. The Florida appellate court affirms the conviction and sentence, rejecting McKay's challenges regarding the denial of a continuance for private counsel preparation, the admission of testi
• Heat & Control, Inc. v. Hester Indus., Inc.
  785 F.2d 1017· Fed. Cir.· 1986-03-04 ·cited 67×
  The court held that the district court abused its discretion by quashing a discovery subpoena without adequately balancing the relevance and need for the information against the potential hardship to the non-party, and that such an order is appealable as a collateral order.
• Graham v. Edwards
  472 So. 2d 803· Fla. 3d DCA· 1985-07-02 ·cited 67×
  The Florida District Court of Appeal reversed a preliminary injunction granted to developer John Edwards against the Board of Trustees of the Internal Improvement Trust Fund, holding that Edwards failed to demonstrate a substantial likelihood of success on the merits. The court a
• Adams v. Russell
  739 F.2d 858· 3d Cir.· 1984-06-28 ·cited 67×
  The court held that the district court abused its discretion in denying plaintiffs' motion to amend their complaint, as the proposed amendment stated a meritorious claim not barred by the statute of limitations or prior decisions.
• United States v. Mills
  597 F.2d 693· 9th Cir.· 1979-05-25 ·cited 67×
  The court held that the issue of vindictive sentencing could not be considered on appeal because the appellant relied on an affidavit not included in the record and failed to comply with Federal Rule of Appellate Procedure 10(c).
• Bankers Life & Cas. Co. v. C. M. Kirtley in Corporate Reorganization Proceedings of Automatic Washer Co.
  307 F.2d 418· 8th Cir.· 1962-08-24 ·cited 67×
  The court held that the exemplary damage verdict was excessive and a miscarriage of justice, requiring remittitur or a new trial.
• Perry v. State
  801 So. 2d 78· Fla.· 2001-10-18 ·cited 66×·via Abuse Of Discretion Standard For Evidence Admission
  Perry was convicted of first-degree murder and sentenced to death for killing a 75-year-old motel guest. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for resentencing, finding that the trial court improperly admitted inflammatory t
• Merck v. State
  664 So. 2d 939· Fla.· 1995-10-12 ·cited 66×
  Troy Merck was convicted of first-degree murder and sentenced to death for repeatedly stabbing James Anthony Newton in a parking lot altercation. The Florida Supreme Court affirmed Merck's conviction and the death sentence but remanded for resentencing because the trial court imp
• United States v. Gerante
  891 F.2d 364· 1st Cir.· 1989-12-08 ·cited 66×
  The court held that the district court had the authority under the Sentencing Guidelines to convert drug proceeds into an estimated quantity of drugs for sentencing purposes, but remanded for the district court to append its findings to the presentence investigation report.
• United States v. Bruchey
  810 F.2d 456· 4th Cir.· 1987-02-05 ·cited 66×
  The court held that the district court erred by ordering the defendant to sign a promissory note for restitution, as this improperly extended the restitutionary period beyond statutory limits and lacked necessary factual findings.
• United States v. Read
  778 F.2d 1437· 9th Cir.· 1985-12-23 ·cited 66×
  The court held that the government's letter informing the court of the defendant's post-conviction activities did not breach the plea agreement, and thus the trial court did not abuse its discretion in denying the motion to withdraw the Alford plea.
• Carlucci v. Piper Aircraft Corp., Inc.
  775 F.2d 1440· 11th Cir.· 1985-11-12 ·cited 66×
  The court agrees with the majority opinion, emphasizing the importance of professional conduct and ethical obligations of attorneys as officers of the court.
• Fjelstad v. Am. Honda Motor Co., Inc.
  762 F.2d 1334· 9th Cir.· 1985-06-11 ·cited 66×
  The court held that the district court lacked authority under its inherent powers or Rule 37(d) to impose sanctions against Honda Limited and exceeded its discretion by granting partial default judgment against American Honda.
• RAE v. Union Bank
  725 F.2d 478· 9th Cir.· 1984-02-06 ·cited 66×·via Abuse Of Discretion Standard For Discovery Rulings
  The court held that the district court properly dismissed the federal claims for failure to state a claim and the pendent state claims, and did not abuse its discretion in staying discovery.
• Coyne-Delany Co., Inc. v. Cap. Dev. Bd. OF the State OF Ill.
  717 F.2d 385· 7th Cir.· 1983-09-12 ·cited 66×
  A district court's discretion to deny costs or damages on an injunction bond is not unlimited and requires more than just the absence of bad faith; a good reason must exist. Damages are generally limited to the bond amount unless bad faith is shown.
• Merritt v. Faulkner
  697 F.2d 761· 7th Cir.· 1983-01-06 ·cited 66×
  The court held that the Maclin factors are persuasive for appointing counsel in this case, particularly given the plaintiff's blindness and potential difficulty in securing representation.
• NEW River Yachting Ctr., Inc. v. Bacchiocchi
  407 So. 2d 607· Fla. 4th DCA· 1981-10-14 ·cited 66×
  The court held that the trial court did not abuse its discretion in denying leave to amend cross-claims after the time limit had expired and that a prior summary judgment was res judicata, barring further litigation.
• Smiddy v. Dudley D. Varney
  665 F.2d 261· 9th Cir.· 1981-08-07 ·cited 66×
  Police officers are not liable for damages incurred after a district attorney files charges, unless the presumption of the prosecutor's independent judgment is rebutted. The judgment of liability is affirmed, but the damages award is vacated and remanded for a new trial.
• Bryan v. Pittsburgh Plate Glass Co.
  494 F.2d 799· 3d Cir.· 1974-04-04 ·cited 66×
  The court held that the district court did not abuse its discretion in approving the settlement, as the plaintiffs' likelihood of success was uncertain and the settlement was fair and reasonable given the circumstances.
• United States v. Bearden
  423 F.2d 805· 5th Cir.· 1970-03-03 ·cited 66×
  The court held that the defendant received a fair trial and that the district court did not err in its rulings regarding pre-trial motions, jury selection, evidence admission, or the sufficiency of the indictment.
• Benson Hotel Corp. v. Woods
  168 F.2d 694· 8th Cir.· 1948-06-11 ·cited 66×·via Abuse Of Discretion Standard On Appeal
  The court affirmed the interlocutory judgment granting a preliminary injunction, holding that the appellate court's role is to review the trial court's discretion, not to decide the merits of the case.
• Four Seasons Hotels & Resorts v. Consorcio Barr, S.A.
  320 F.3d 1205· 11th Cir.· 2003-02-05 ·cited 65×
  Four Seasons sought a preliminary injunction against Consorcio for allegedly gaining unauthorized access to its computer network in violation of the Computer Fraud and Abuse Act and other statutes. The Eleventh Circuit reversed and vacated the injunction, holding that the distric
• D'Amario v. Ford Motor Co.
  806 So. 2d 424· Fla.· 2001-11-21 ·cited 65×
  The Florida Supreme Court held that principles of comparative fault do not ordinarily apply to crashworthiness (secondary collision/enhanced injury) cases, and that a manufacturer's liability for injuries caused by design defects in a collision is separate and distinct from liabi
• Centex-Rooney Constr. Co., Inc. v. Martin Cnty.
  725 So. 2d 1255· Fla. 4th DCA· 1999-02-03 ·cited 65×
  Martin County sued Centex-Rooney Construction and sureties for defective construction of a courthouse and office building, obtaining a $14.2 million judgment. This appeal addresses the trial court's award of attorneys' fees and costs totaling approximately $3.6 million, which the
• United States v. Lira-Barraza
  897 F.2d 981· 9th Cir.· 1990-02-28 ·cited 65×
  The court affirmed the sentence departure but vacated the special assessment, finding the departure reasonable under the Sentencing Guidelines review process.
• Ashburn v. United States
  740 F.2d 843· 11th Cir.· 1984-08-28 ·cited 65×
  The court held that the government's litigation position was substantially justified, and therefore, the plaintiffs are not entitled to attorneys' fees under the Equal Access to Justice Act.
• Sec. & Exch. Comm'n v. Carriba AIR, Inc.
  681 F.2d 1318· 11th Cir.· 1982-08-02 ·cited 65×
  The court held that the district court did not abuse its discretion in issuing a preliminary injunction against the appellants for violations of securities laws, and that venue was proper in the Northern District of Georgia.
• Mid-Hudson Legal Servs., Inc. v. G & U, Inc.
  578 F.2d 34· 2d Cir.· 1978-06-15 ·cited 65×
  The court held that the district court erred in denying attorney's fees under 42 U.S.C. § 1988 by applying an incorrect legal standard. A prevailing party should ordinarily recover fees unless special circumstances render an award unjust.
• United States v. DiCARLO
  575 F.2d 952· 1st Cir.· 1978-04-20 ·cited 65×
  The court held that the defendants failed to establish a real conflict of interest or actual prejudice from their counsel's actions, and that the government's failure to disclose certain letters did not violate Brady v. Maryland.
• In re Matter of Seymour A. Gopman. United States v. Seymour A. Gopman
  531 F.2d 262· 5th Cir.· 1976-05-06 ·cited 65×
  The court held that disqualifying an attorney based on a potential conflict between union interests and individual witness interests is improper when the union's interest aligns with the grand jury's function.
• Mitchell v. Pidcock
  299 F.2d 281· 5th Cir.· 1962-02-05 ·cited 65×
  The court held that the trial judge did not abuse his discretion in denying an injunction, as the defendant showed good faith reliance on counsel and promised future compliance.
• Maounis v. Igor Shamis
  Fla. 3d DCA· 2023-08-02 ·cited 64×
  The Third District Court of Appeal affirmed the lower court's decision in a dispute between Susan Maounis and Igor Shamis, upholding rulings on service of process, default judgment, and liquidated damages claims under Florida law.
• Pardo v. State
  108 So. 3d 558· Fla.· 2012-12-04 ·cited 64×
  Manuel Pardo, a death row inmate sentenced to death for nine murders, appealed the circuit court's summary denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting his five claims: unconstitutionality of lethal injection
• Rosenfield v. Wellington Leisure Prods., Inc.
  827 F.2d 1493· 11th Cir.· 1987-09-21 ·cited 64×
  The court held that there was sufficient evidence to support the jury's verdict and that the district court erred in granting judgment notwithstanding the verdict and a new trial.
• Begley v. State
  483 So. 2d 70· Fla. 4th DCA· 1986-02-05 ·cited 64×
  Vernon Begley was convicted of sexual battery against his three-year-old daughter and sentenced to consecutive sentences totaling life imprisonment with a mandatory 25-year minimum. On appeal, Begley challenged the admission of the victim's testimony, hearsay statements, and the
• K-B Trucking Co. & Keith Collins v. Riss Int'l Corp. & World Leasing, Inc.
  763 F.2d 1148· 10th Cir.· 1985-05-28 ·cited 64×
  The court held that Collins was a proper plaintiff as a real party in interest and that the jury's findings of fraud and actual damages against World Leasing were supported by sufficient evidence, but the damage award against Riss was not sufficiently supported by evidence of los
• Computer & Commc'ns Indus. Ass'n v. Fed. Commc'ns Comm'n & United States
  693 F.2d 198· D.C. Cir.· 1982-11-12 ·cited 64×
  The court held that the FCC's Computer II rulemaking, which deregulated enhanced services and customer premises equipment (CPE) under Title II and instead relied on ancillary jurisdiction and market forces, was a reasonable exercise of the Commission's authority under the Communi
• United States v. Larios
  640 F.2d 938· 9th Cir.· 1981-01-28 ·cited 64×
  The court held that the conviction was supported by sufficient evidence and that the note was admissible, but the sentencing judge abused his discretion by failing to adequately familiarize himself with the case, requiring resentencing by a new judge.
• Schottenstein v. Schottenstein
  384 So. 2d 933· Fla. 3d DCA· 1980-06-17 ·cited 64×
  Joyce Schottenstein appealed a trial court order that recognized her Ohio divorce decree in Florida but denied her requests to extend alimony and increase child support. The appellate court affirmed the denial of alimony modification but reversed the denial of increased child sup
• Nat'l Labor Relations Bd. v. Pincus Bros.
  620 F.2d 367· 3d Cir.· 1980-04-17 ·cited 64×
  The dissenting judge argues that the Spielberg-Collyer doctrine, allowing the NLRB to defer unfair labor practice charges to arbitration, lacks statutory basis and undermines the Board's public policy function. The judge believes deferral is inappropriate for charges involving in
• United States v. Cathey
  591 F.2d 268· 5th Cir.· 1979-03-02 ·cited 64×
  The court held that the trial judge did not abuse his discretion in admitting a prior military conviction for impeachment purposes.