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

• Pittman v. State
  693 So. 2d 1133· Fla. 1st DCA· 1997-05-22 ·cited 12×
  Arthur Pittman was convicted of three cocaine sales that occurred on two separate dates (July 6 and July 8, 1995). The First District Court of Appeal reversed his convictions and ordered separate new trials, holding that the trial court abused its discretion by consolidating char
• Watson v. State
  693 So. 2d 69· Fla. 2d DCA· 1997-04-25 ·cited 12×
  Tracy Watson appeals his aggravated battery conviction, challenging the trial court's imposition of a 30-minute time limit for voir dire examination. The Florida Second District Court of Appeal affirms the conviction, holding that trial courts have considerable discretion in mana
• Sapphire Condo. Ass'n, Inc. v. Amerivend Corp.
  691 So. 2d 600· Fla. 4th DCA· 1997-04-16 ·cited 12×
  Sapphire Condominium Association appealed summary judgment granted to Amerivend Corporation in a dispute over laundry equipment lease terms. The appellate court reversed, finding the trial court abused its discretion by denying the motion for rehearing without considering Sapphir
• Keesee v. Keesee
  675 So. 2d 655· Fla. 5th DCA· 1996-06-14 ·cited 12×
  Willard Keesee appealed from a final judgment of dissolution of marriage in which the trial court awarded primary residential custody of the parties' two minor children to Karen Keesee and established a visitation schedule for Willard. The Fifth District Court of Appeal affirmed,
• Williams v. State
  674 So. 2d 155· Fla. 4th DCA· 1996-04-17 ·cited 12×
  In a criminal appeal, the Florida Fourth District Court of Appeal affirmed a judgment and sentence where the trial court denied the defendant's motion to strike the jury venire. The defendant claimed that a prosecutor's statement during voir dire that the prosecution's burden was
• Dion v. Christopher E. Bald, M.D.
  664 So. 2d 348· Fla. 5th DCA· 1995-12-15 ·cited 12×
  The court held that a new attorney's investigation into a medical malpractice claim, without contact with the opposing party, does not constitute sufficient non-record activity to show good cause and preclude dismissal for failure to prosecute.
• State v. Aylesworth
  666 So. 2d 181· Fla. 2d DCA· 1995-12-15 ·cited 12×
  Florida appealed orders in a criminal prosecution of the Aylesworths for racketeering, theft, and securities violations. The court affirmed the exclusion of settlement agreements under Florida's evidence rules but reversed the dismissal of charges against Deborah Aylesworth, find
• Visage v. State
  664 So. 2d 1101· Fla. 1st DCA· 1995-12-11 ·cited 12×
  A trial court does not abuse its discretion in denying a defendant's request for self-representation where the defendant, though mentally competent to stand trial, demonstrates lack of legal experience, training, and education combined with a psychiatric condition (bipolar disord
• Dingle v. State
  654 So. 2d 164· Fla. 3d DCA· 1995-04-12 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  Richard Dingle was convicted of first-degree murder and aggravated child abuse in the death of his girlfriend's baby. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by denying Dingle's motion to appoi
• Tsampica Demos Skipper v. Skipper
  654 So. 2d 1181· Fla. 3d DCA· 1995-03-22 ·cited 12×
  The court held that regular voluntary overtime income must be included in gross income for child support calculations unless the trial court finds such income will not be available in the future.
• S & S Toyota, Inc. v. Kirby
  649 So. 2d 916· Fla. 5th DCA· 1995-02-03 ·cited 12×
  S & S Toyota sold Carrie Kirby a used vehicle represented as having 26,000 miles when it actually had significantly higher mileage. The trial court awarded compensatory and punitive damages but reduced them through remittitur. On appeal, the Fifth District affirmed the punitive d
• Wonyetye v. State
  648 So. 2d 797· Fla. 4th DCA· 1994-12-28 ·cited 12×
  Victor Wonyetye was convicted in two separate jury trials of burglary, indecent exposure, trespass, and possession of burglary tools. On appeal, he challenged his convictions on ten grounds, all of which the court rejected, but the court reversed the sentencing as to two counts t
• In re the Marriage of Judith Thrift v. Thrift
  632 So. 2d 202· Fla. 1st DCA· 1994-02-16 ·cited 12×
  The court held that the trial court abused its discretion by awarding an insufficient amount of permanent periodic alimony and by denying the wife's request for attorney fees.
• Saffor v. State
  625 So. 2d 31· Fla. 1st DCA· 1993-09-15 ·cited 12×·via Reasonableness Test For Abuse Of Discretion
  Appellant challenged his conviction for sexual battery on a child under 12, arguing the trial court erred in admitting evidence of a collateral crime involving a different victim because the crimes were not sufficiently similar. The court affirmed, holding that in familial sexual
• Salnave v. Pub. Health Tr. OF Dade Cnty.
  624 So. 2d 282· Fla. 3d DCA· 1993-08-03 ·cited 12×
• Richard and Anita Poliquin v. Garden WAY, Inc.
  989 F.2d 527· 1st Cir.· 1993-03-24 ·cited 12×
  The court held that materials admitted into evidence at trial are subject to a strong presumption of public access, and post-trial restrictions require compelling reasons not present here; however, discovery materials not admitted into evidence can remain protected.
• Marr v. State
  614 So. 2d 619· Fla. 2d DCA· 1993-02-19 ·cited 12×
  The court held that the trial court did not abuse its discretion in dismissing the plaintiffs' complaint with prejudice due to their willful failure to comply with discovery orders and their counsel's contumacious disregard for the court.
• Sammie L. McCORMICK and Queen E. McCormick v. Lomar Indus., Inc.
  612 So. 2d 707· Fla. 4th DCA· 1993-01-27 ·cited 12×
  The court held that striking pleadings as a sanction for repeated failure to comply with discovery requests and court orders was not an abuse of discretion.
• United States v. Flores
  981 F.2d 231· 5th Cir.· 1993-01-20 ·cited 12×
  The court held that the district court did not abuse its discretion in dismissing the defendant's second motion to vacate his sentence as an abuse of procedure, nor in denying his subsequent motions for reconsideration, evidentiary hearing, and appointment of counsel.
• Love v. Garcia
  611 So. 2d 1270· Fla. 4th DCA· 1992-12-09 ·cited 12×
  In a negligence action arising from a pedestrian-vehicle accident, the Florida Fourth District Court of Appeal addressed whether hospital blood alcohol test results are admissible as business records under Florida Evidence Code section 90.803(6) without expert testimony establish
• Carazo v. Status Shipping, Ltd.
  613 So. 2d 1329· Fla. 2d DCA· 1992-12-04 ·cited 12×
  Appellants challenged a default judgment entered against them for failing to file an answer after their counsel missed a case management conference and new counsel filed a motion to dismiss instead. The appellate court reversed, finding that the default sanction was disproportion
• Drennan v. Gen. Motors Corp.
  977 F.2d 246· 6th Cir.· 1992-10-13 ·cited 12×
  The court held that the district court did not abuse its discretion in denying prejudgment interest and in awarding attorney's fees.
• United States v. Hughes
  970 F.2d 227· 7th Cir.· 1992-07-16 ·cited 12×
  The court affirmed the convictions and sentences, finding no reversible error in the jury selection, evidentiary rulings, or expert testimony.
• United States v. Guadagno
  970 F.2d 214· 7th Cir.· 1992-07-08 ·cited 12×
  The court affirmed the district court's denial of a new trial and its application of sentencing enhancements, finding no error in the proceedings or sentencing.
• Tarek H. Elgabri, M.D. v. Mary D. Lekas, M.D.
  964 F.2d 1255· 1st Cir.· 1992-06-03 ·cited 12×
  The court held that the plaintiff waived objections to jury instructions by failing to properly preserve them under Rule 51 and that the trial court did not abuse its discretion in limiting witness examination or excluding evidence.
• United States v. Shattuck
  961 F.2d 1012· 1st Cir.· 1992-04-22 ·cited 12×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing and that the calculation of 'victim loss' for sentencing enhancement was proper.
• United States v. McCARTHY
  961 F.2d 972· 1st Cir.· 1992-04-15 ·cited 12×
  The court held that the trial court did not err in excusing jurors for cause, admitting co-conspirator statements, admitting a telephone conversation, refusing to send cocaine packaging to the jury, determining the base offense level, adjusting for leadership role, or adjusting f
• Hunt Exterminating Co., Inc. v. Crum
  598 So. 2d 113· Fla. 2d DCA· 1992-04-10 ·cited 12×
  The court held that the trial court abused its discretion in denying the motion to set aside a clerk's default because the defendant established a reasonable doubt of excusable neglect.
• United States v. Gray
  958 F.2d 9· 1st Cir.· 1992-03-04 ·cited 12×
  The court affirmed the conviction, finding no plain error in jury instructions, no due process violation in identification procedures, no abuse of discretion in denying severance, and declining to address the ineffective assistance of counsel claim due to an undeveloped record.
• United States v. Emrolyn Kae Whitetail
  956 F.2d 857· 8th Cir.· 1992-02-12 ·cited 12×
  The court held that the district court erred in believing it could not consider battered-woman syndrome as a basis for sentencing departure after the jury rejected it as a self-defense claim.
• United States v. Gaitan
  954 F.2d 1005· 5th Cir.· 1992-02-11 ·cited 12×
  The court held that the career offender enhancement requires the offense of conviction, not just the underlying conduct, to be a controlled substance offense. The court also held that a defendant must be aware of the maximum potential sentence and fine for a plea to be knowing an
• Berroteran-Melendez v. Immigr. & Naturalization Serv.
  955 F.2d 1251· 9th Cir.· 1992-02-03 ·cited 12×
  The court held that it has jurisdiction to review the BIA's order despite a pending motion to reopen filed after the petition for review, and that the BIA's denial of asylum was supported by substantial evidence due to the petitioner's lack of credibility.
• United States v. Earles
  955 F.2d 1175· 8th Cir.· 1992-02-03 ·cited 12×
  The court affirmed the defendant's conviction and sentence, finding sufficient evidence for the jury's verdict and no abuse of discretion in the trial court's rulings.
• United States v. McHENRY
  974 F.2d 1031· 9th Cir.· 1991-12-27 ·cited 12×
  A restitution award under the Victim and Witness Protection Act must be limited to the loss caused by the specific acts found by the jury to have been committed in furtherance of the conspiracy, not all acts alleged in the indictment.
• United States v. Featherson
  949 F.2d 770· 5th Cir.· 1991-12-18 ·cited 12×·via Abuse Of Discretion Standard For Severance
  The court held that the district court did not abuse its discretion in denying severance motions, that the use of transcripts was permissible, and that sufficient evidence supported the conspiracy and firearm convictions.
• United States v. Coney
  949 F.2d 966· 8th Cir.· 1991-11-20 ·cited 12×
  The court held that an employee of an armored car company transporting Federal Reserve funds is 'connected in any capacity' with the bank for purposes of 18 U.S.C. § 656, and that the jury instructions and sentencing enhancement were proper.
• Puiatti v. Dugger
  589 So. 2d 231· Fla.· 1991-10-03 ·cited 12×
  Carl Puiatti, convicted and sentenced to death for kidnapping, robbery, and first-degree murder, appealed the trial court's denial of his rule 3.850 motion for post-conviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of
• United States v. Washington-Williams
  945 F.2d 325· 10th Cir.· 1991-09-06 ·cited 12×
  The court held that the district court erred by imposing a fine based on an incorrect guideline range and an erroneous determination of the defendant's ability to pay.
• Jens Peter Hansen v. State
  585 So. 2d 1056· Fla. 1st DCA· 1991-09-04 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Hansen appeals his conviction for first-degree murder and burglary, arguing the trial court made erroneous evidentiary rulings regarding his insanity defense. The court affirms the conviction and life sentence, finding the trial judge properly managed the admission of evidence an
• Darcy Foster v. Mydas Assocs., Inc.
  943 F.2d 139· 1st Cir.· 1991-09-04 ·cited 12×
  The court held that a fee award must be vacated and remanded because the district court failed to provide adequate findings and explanations, making meaningful appellate review impossible.
• United States v. Algienon Tanner
  941 F.2d 574· 7th Cir.· 1991-08-27 ·cited 12×
  The court held that the defendant's Speedy Trial Act rights were not violated and that the denial of his motion for mistrial or continuance based on unavailable witnesses was not an abuse of discretion.
• Zdzislaw Janusiak v. U.S. Immigr. & Naturalization Serv.
  947 F.2d 46· 3d Cir.· 1991-08-22 ·cited 12×
  The court held that the applicant failed to establish a well-founded fear of persecution or a clear probability of persecution, thus affirming the denial of asylum and withholding of deportation.
• Kenagy v. United States
  942 F.2d 459· 8th Cir.· 1991-08-06 ·cited 12×
  The court held that the government's position that the appellant was a responsible person for unpaid payroll taxes was not substantially justified for the period before August 5, 1985, entitling her to attorney's fees for that period. However, the court affirmed the denial of fee
• United States v. Denny
  939 F.2d 1449· 10th Cir.· 1991-07-29 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to convict the defendant of violating the bank bribery statute, the admission of expert testimony was not an abuse of discretion, and the jury instructions were proper.
• United States v. Carland A. Bowser
  941 F.2d 1019· 10th Cir.· 1991-07-19 ·cited 12×
  A downward departure from career offender status based on age and timing of prior offenses is not justified when these factors were adequately considered by the Sentencing Commission.
• In re Unroe
  937 F.2d 346· 7th Cir.· 1991-07-15 ·cited 12×
  The court held that while the late-filed IRS claim did not relate back under Fed.R.Civ.P. 15(c), the bankruptcy court did not abuse its discretion in allowing the claim based on equitable principles and the debtor's notice of the claim.
• Kendrick v. Jefferson Cnty. Bd. OF Educ.
  932 F.2d 910· 11th Cir.· 1991-06-06 ·cited 12×
  The court held that the three-month probationary period under board policy applied, not the longer statutory period, and that the board waived its statute of limitations defense. It also held that Alabama county boards of education are not entitled to Eleventh Amendment immunity.
• United States v. Maree
  934 F.2d 196· 9th Cir.· 1991-05-22 ·cited 12×
  The court held that a district court did not err in sentencing a defendant who pleaded guilty to conspiracy to distribute cocaine, but erred in denying a co-defendant's motion for a new trial based on juror misconduct.
• United States v. Loranza Verne Powell
  932 F.2d 1337· 9th Cir.· 1991-05-13 ·cited 12×
  The court held that the district court did not err in its voir dire, jury instructions, or sentencing determination, affirming the conviction and sentence.
• United States v. Underwood
  932 F.2d 1049· 2d Cir.· 1991-05-09 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the government's inadvertent failure to disclose impeachment evidence was not material, newly discovered evidence did not warrant a new trial, and the district court properly applied the Sentencing Guidelines without a jury determination of the offense's conti