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

• Moore v. Webster
  932 F.2d 1229· 8th Cir.· 1991-05-08 ·cited 12×
  The court held that state officials were entitled to qualified immunity for actions taken under statutory authority, and affirmed the grant of summary judgment.
• Morales v. Sperry Rand Corp.
  578 So. 2d 1143· Fla. 4th DCA· 1991-05-01 ·cited 12×
  The court affirmed dismissal of a personal injury complaint for failure to serve defendants within 120 days of filing, as required by Florida Rule of Civil Procedure 1.070(j). The plaintiff's lack of diligence in obtaining and serving summonses, combined with no showing of good c
• United States v. Allen
  930 F.2d 1270· 7th Cir.· 1991-04-26 ·cited 12×
  The court held that the district court did not err in allowing a witness to correct her misidentification of a defendant, and that the federal government is not bound by state plea agreements. The evidence was also sufficient to support the convictions.
• Matsushita Elec. Indus. Co., Ltd. v. The United States & The United States Int'l Trade Comm'n
  929 F.2d 1577· Fed. Cir.· 1991-04-03 ·cited 12×
  The court held that the Court of International Trade erred in granting a preliminary injunction barring in-house counsel access to proprietary information, as the ITC's decision was not arbitrary, capricious, or an abuse of discretion.
• Hallman v. Hallman
  575 So. 2d 738· Fla. 5th DCA· 1991-02-28 ·cited 12×
  The trial court's award of primary residential custody to the father, equitable distribution of marital assets (including allocation of a vested pension as a marital asset offset by marital liabilities), and denial of alimony were affirmed as within the trial court's broad discre
• City OF Hollywood v. Cordasco
  575 So. 2d 301· Fla. 4th DCA· 1991-02-27 ·cited 12×
  The City of Hollywood appeals the trial court's denial of its motion to vacate a default judgment and its subsequent motion for rehearing. The appellate court reverses, holding that a trial court may allow a party to cure a defective motion to vacate through a subsequent motion f
• United States v. Link
  921 F.2d 1523· 11th Cir.· 1991-01-30 ·cited 12×
  The court held that sufficient evidence supported a RICO conspiracy conviction, and that the trial court did not err in denying motions to compel witness testimony or issue a missing witness instruction, nor did the convictions violate double jeopardy.
• Mallory v. Eyrich
  922 F.2d 1273· 6th Cir.· 1991-01-10 ·cited 12×
  The court held that the district court abused its discretion by setting aside a Rule 68 judgment under Rule 60(b)(6) without extraordinary circumstances and without a hearing. A Rule 68 judgment, being self-executing and akin to a contract, possesses a degree of finality that pre
• Persinger v. Norfolk & W. Ry. Co.
  920 F.2d 1185· 4th Cir.· 1990-12-10 ·cited 12×
  The court held that while the district judge did not abuse his discretion in excluding expert testimony, he erred in granting JNOV because the plaintiff was prejudiced by the late exclusion of evidence. The court affirmed the grant of a new trial.
• United States v. Heine
  920 F.2d 552· 8th Cir.· 1990-12-07 ·cited 12×·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant impliedly waived his right to self-representation by acquiescing to standby counsel's active participation, and the trial court did not abuse its discretion in denying an additional continuance.
• United States v. Veri Hadley
  918 F.2d 848· 9th Cir.· 1990-11-14 ·cited 12×
  The court held that the district court did not abuse its discretion in admitting evidence of prior sexual abuse acts and expert testimony, and that sufficient evidence supported the conviction for attempted aggravated sexual abuse.
• United States v. ONE Dairy Farm
  918 F.2d 310· 1st Cir.· 1990-11-09 ·cited 12×
  The court held that appellants lacked standing to contest the forfeiture because they failed to file a timely claim or answer as required by Supplemental Rule C(6), and the district court did not abuse its discretion in dismissing their claims.
• Wilson v. Humphreys (Cayman) Ltd.
  916 F.2d 1239· 7th Cir.· 1990-10-24 ·cited 12×
  The court held that subject matter jurisdiction exists over a Cayman Islands corporation under alienage jurisdiction and affirmed the denial of forum non conveniens. It remanded for further inquiry into general personal jurisdiction over Holiday Inns.
• United States v. Perez
  915 F.2d 947· 5th Cir.· 1990-10-12 ·cited 12×
  The court denied the petition for rehearing, affirming its prior decision on sentencing issues.
• Kalman v. The Berlyn Corp.
  914 F.2d 1473· Fed. Cir.· 1990-09-13 ·cited 12×
  The court held that the district court abused its discretion in denying the motion to amend the pleadings to add PDL as a plaintiff, and that the district court did not err in its findings of infringement, calculation of damages, or denial of enhanced damages and attorney fees.
• United States v. Degaglia
  913 F.2d 372· 7th Cir.· 1990-09-13 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting the tape recording of a conversation, despite challenges to its authentication and the suggestiveness of the voice identification procedures, and affirmed the conviction.
• United States v. State OF Or.
  913 F.2d 576· 9th Cir.· 1990-08-27 ·cited 12×
  The court held that the district court did not err in approving the 1988 Columbia River Fish Management Plan, as it was a reasonable consent decree that balanced competing interests and complied with legal standards.
• Allied Steel v. City OF Abilene
  909 F.2d 139· 5th Cir.· 1990-08-20 ·cited 12×
  The court held that a business crisis and misinterpretation of appeal deadlines by office staff do not constitute 'excusable neglect' under FRAP 4(a)(5), rendering the notice of appeal untimely.
• Cathey v. The DOW Chem. Co. Med. Care Program
  907 F.2d 554· 5th Cir.· 1990-08-03 ·cited 12×
  The court held that while the New Plan does not entitle the plaintiff to around-the-clock nursing care, it does not completely foreclose recovery for home nursing services that include noncustodial components, and beneficiaries are entitled to fifty medically prescribed home nurs
• Jones v. Laborers Health & Welf. Tr. Fund
  906 F.2d 480· 9th Cir.· 1990-06-29 ·cited 12×
  The court held that the district court did not err in granting summary judgment because the Trust Fund did not abuse its discretion in denying benefits for hyperthermia treatment.
• Godlove v. Bamberger
  903 F.2d 1145· 7th Cir.· 1990-06-06 ·cited 12×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's case with prejudice as a sanction under Rule 37 for her willful and deliberate refusal to comply with discovery orders.
• Reinsurance Co. OF Am., Inc. v. Administratia Asigurarilor de Stat (Administration OF State Insurance)
  902 F.2d 1275· 7th Cir.· 1990-05-25 ·cited 12×
  Foreign secrecy laws cannot block discovery of assets under the Foreign Sovereign Immunities Act (FSIA) and Federal Rule of Civil Procedure 69 when a judgment has been rendered.
• Pac-Tec, Inc. v. Amerace Corp.
  903 F.2d 796· Fed. Cir.· 1990-05-09 ·cited 12×
  The court affirmed the judgment and order, finding the appeal frivolous and imposing sanctions on the appellant and its counsel for their conduct throughout the litigation.
• Hyster Co. v. Stephens
  560 So. 2d 1334· Fla. 1st DCA· 1990-05-03 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  Hyster appealed a jury verdict awarding the Stephens $700,000 in damages for injuries sustained when a forklift transmission allegedly jumped into gear due to design and manufacturing defects. The court affirmed, finding that a jury issue existed as to whether the product defect
• United States v. Solomon Bitton Simtob
  901 F.2d 799· 9th Cir.· 1990-04-26 ·cited 12×
  The court held that the trial court abused its discretion by refusing to admit a tape recording potentially showing witness perjury and that the prosecutor improperly vouched for a witness's credibility, requiring reversal.
• Ronzani v. Sanofi S.A.
  899 F.2d 195· 2d Cir.· 1990-03-27 ·cited 12×·via Abuse Of Discretion Standard For Denying Leave To Amend
  The court held that dismissing a complaint without leave to amend, when leave was offered and no justifying reason was given, constitutes an abuse of discretion.
• Barton-Malow Co. & The Aetna Cas. & Sur. Co. v. Gorman Co. OF Ocala, Inc.
  558 So. 2d 519· Fla. 5th DCA· 1990-03-22 ·cited 12×
  The court held that the trial court abused its discretion by not dismissing the action for failure to prosecute, as the plaintiff failed to show good cause for the lack of activity.
• United States v. Williams
  898 F.2d 1400· 9th Cir.· 1990-03-16 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the disclosure of a confidential informant's identity, nor did it err in applying the Sentencing Guidelines.
• United States v. Roberson
  896 F.2d 388· 9th Cir.· 1990-02-14 ·cited 12×
  A defendant may appeal an alleged violation of Fed.R.Crim.P. 32 (factual inaccuracy in a presentence report) through a timely filed Fed.R.Crim.P. 35 motion (correction of illegal sentence) if the Rule 32 contention is inextricably intertwined with the illegality alleged under Rul
• Boyle v. Pool Offshore Co.
  893 F.2d 713· 5th Cir.· 1990-02-05 ·cited 12×
  The court held that the jury's verdict was supported by substantial evidence, and the trial court did not err in denying motions for directed verdict, judgment notwithstanding the verdict, or new trial. However, the award of prejudgment interest on future damages was vacated and
• THE Florida BAR v. Carr
  574 So. 2d 59· Fla.· 1990-02-01 ·cited 12×
  The Florida Bar filed disciplinary charges against attorney Paul S. Carr. The referee found insufficient evidence to prove the charges by clear and convincing evidence and recommended each party bear its own costs. The only issue on appeal was whether the referee abused discretio
• Clem v. Sullivan
  894 F.2d 328· 9th Cir.· 1990-01-22 ·cited 12×
  The court held that the claimant bears the initial burden to prove disability, even with alcoholism, and that the district court did not abuse its discretion in refusing to remand based on new evidence lacking good cause.
• David J. Powell and the Estate of Jeane D. Powell v. Commissioner OF Internal Revenue
  891 F.2d 1167· 5th Cir.· 1990-01-16 ·cited 12×
  The court held that taxpayers are entitled to recover fees incurred in litigating their appeal and subsequent fee disputes when the government's underlying position was unreasonable. It also held that the Tax Court abused its discretion in setting an unreasonably low hourly rate
• City OF LAS Vegas v. Lujan
  891 F.2d 927· D.C. Cir.· 1989-12-13 ·cited 12×
  The court held that the Secretary of Interior's emergency listing of the desert tortoise population was justified under the Endangered Species Act, and appellants were unlikely to succeed on the merits of their challenge.
• In re Evangeline Ref. Co. v. Charles N. Wooten, Ltd.
  890 F.2d 1312· 5th Cir.· 1989-12-11 ·cited 12×
  The court held that interim fee awards are interlocutory and subject to reexamination, and that the law of the case doctrine does not apply to them. It also found that the district court properly exercised independent judgment and that the bankruptcy court did not abuse its discr
• United States v. Weddell
  890 F.2d 106· 8th Cir.· 1989-11-28 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not abuse its discretion in admitting testimony of prior bad acts, as it was relevant to intent and self-defense and its probative value outweighed its prejudicial effect.
• United States v. Ware
  890 F.2d 1008· 8th Cir.· 1989-11-27 ·cited 12×
  The court affirmed the conviction, holding that the district court did not abuse its discretion in denying a continuance, the Fourth Amendment was not violated by the search of the storage bin, and the girlfriend's testimony was admissible.
• Xerox Corp. v. Genmoora Corp.
  888 F.2d 345· 5th Cir.· 1989-11-17 ·cited 12×
  The court held that the trial court erred in dismissing the complaint for failure to allege injury and in denying a continuance for discovery before granting summary judgment.
• Daniels v. Brennan
  887 F.2d 783· 7th Cir.· 1989-10-17 ·cited 12×
  The court held that the district court did not abuse its discretion in dismissing the case for want of prosecution, nor in denying the plaintiff's subsequent motion for relief under Rule 60(b).
• United States v. ONE Urban LOT Located AT 1 St. A-1
  885 F.2d 994· 1st Cir.· 1989-09-22 ·cited 12×
  The court held that a timely filed verified answer containing all required information can satisfy the standing requirement normally fulfilled by a claim in an in rem forfeiture proceeding, and that the district court abused its discretion by striking such an answer and entering
• The Money Store, Inc. v. Harriscorp Fin., Inc.
  885 F.2d 369· 7th Cir.· 1989-09-19 ·cited 12×
  The standard for modifying injunctions should be viewed differently in property rights litigation compared to institutional reform litigation.
• United States v. Edwardo-Franco
  885 F.2d 1002· 2d Cir.· 1989-08-29 ·cited 12×
  The court held that the district court's conduct, including disparaging remarks about nationality and improper evidentiary rulings, created an appearance of bias, warranting a new trial for some defendants and dismissal of charges for another due to insufficient evidence.
• United States v. Braxton
  877 F.2d 556· 7th Cir.· 1989-06-14 ·cited 12×
  The court held that the government was not required to provide a list of rebuttal witnesses under Rule 12.1 when the defendant voluntarily provided an alibi notice without a government demand, and that the jury instructions, while not perfect, were not reversible error.
• Liwanag v. Immigr. & Naturalization Serv.
  872 F.2d 685· 5th Cir.· 1989-05-15 ·cited 12×
  The court should have remanded the case to the BIA for reconsideration because the BIA weighed an impermissible factor in denying the waiver.
• Fisher v. Judge James J. Krajewski
  873 F.2d 1057· 7th Cir.· 1989-05-02 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the jury verdict and denial of a new trial, holding that the magistrate did not abuse discretion in excluding evidence of prior rulings and contempt findings, and that the jury instructions were proper.
• Ross-Berger Cos., Inc. v. The Equitable Life Assurance Soc'y OF THE United States
  872 F.2d 1331· 7th Cir.· 1989-04-25 ·cited 12×
  The court held that collateral estoppel properly precluded the defendant from relitigating issues of agency and lease validity previously decided against it, and that the award of prejudgment interest was not an abuse of discretion.
• United States v. Romaine Phillips
  874 F.2d 123· 3d Cir.· 1989-04-10 ·cited 12×
  The court held that the evidence was sufficient to sustain the RICO conspiracy convictions, the jury instructions were proper, and the district court did not abuse its discretion in denying a mistrial.
• Scotty Grubbs v. Norris
  870 F.2d 343· 6th Cir.· 1989-03-17 ·cited 12×
  The dissenting judge believes the district court did not abuse its discretion in denying intervention, even under a bifurcated standard of review.
• Harris v. Steelweld Equip. Co., Inc.
  869 F.2d 396· 8th Cir.· 1989-03-06 ·cited 12×
  The court held that the trial court did not abuse its discretion in disqualifying an expert witness for violating local rules, nor in its conduct during trial, nor in its evidentiary rulings, nor in its handling of closing arguments.
• Headlee v. Bowen
  869 F.2d 548· 10th Cir.· 1989-03-02 ·cited 12×