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

• FOX v. Mazda Corp. OF Am.
  868 F.2d 1190· 10th Cir.· 1989-03-01 ·cited 12×
  The court held that the district court did not abuse its discretion in excluding expert testimony and a damage model that exceeded the scope of the prior remand order, which limited damages to losses directly attributable to discriminatory vehicle allocation.
• Tessler v. Tessler
  539 So. 2d 522· Fla. 4th DCA· 1989-03-01 ·cited 12×
  In this child custody modification appeal, the Florida Fourth District Court of Appeal affirmed the trial court's decision to modify a shared parental responsibility arrangement and award the father sole custody based on the mother's pattern of conduct that interfered with visita
• Dirk and Cynthia Bradley v. United States
  866 F.2d 120· 5th Cir.· 1989-02-21 ·cited 12×
  The court held that the trial court abused its discretion by allowing the government to designate expert witnesses out of time, thereby violating discovery rules and court orders.
• Venegas v. Skaggs
  867 F.2d 527· 9th Cir.· 1989-01-31 ·cited 12×
  The court held that the district court abused its discretion in denying the attorney's motion to intervene to confirm a lien for attorney's fees, and that a statutory award under 42 U.S.C. § 1988 does not limit an attorney's entitlement under a contingent fee agreement.
• Gomez v. Chody
  867 F.2d 395· 7th Cir.· 1989-01-31 ·cited 12×
  The denial of the plaintiffs' Rule 60(b)(2) motion for a new trial based on newly discovered evidence was an abuse of discretion.
• Fed. Deposit Ins. Corp. v. Rocket OIL Co.
  865 F.2d 1158· 10th Cir.· 1989-01-13 ·cited 12×
  The court held that the district court did not abuse its discretion in denying prejudgment interest and correctly set the commencement date for postjudgment interest from the judgment on remand.
• Agristor Leasing v. Meuli
  865 F.2d 1150· 10th Cir.· 1988-12-07 ·cited 12×
  The court held that the trial court did not abuse its discretion in excluding evidence of prior silo issues in California, nor did it err in dismissing a defendant when the plaintiff failed to properly object.
• Charles W. Leigh & Ervin F. Dusek v. Engle
  858 F.2d 361· 7th Cir.· 1988-09-21 ·cited 12×
  The court affirmed the district court's findings that defendants breached fiduciary duties under ERISA, but also affirmed the limited damages awarded and the allocation of attorney's fees.
• United States v. Keskey
  863 F.2d 474· 7th Cir.· 1988-09-20 ·cited 12×
  The court held that while the prosecutor's suggestion of false facts to the jury was improper, it did not constitute plain error because the witness was not key and the false statements did not mislead the jury to a miscarriage of justice.
• Essery v. Dep't OF Transp.
  857 F.2d 1286· 9th Cir.· 1988-09-19 ·cited 12×
  The court held that while the pilot violated FAA regulations, the revocation of his commercial pilot certificate was an abuse of discretion, and reinstated the 120-day suspension.
• Wishart v. Leslie M. Bates (Boggs)
  531 So. 2d 955· Fla.· 1988-09-08 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The Florida Supreme Court reviewed a Second District Court of Appeal decision that invalidated a trial court's grant of grandparent visitation rights, holding that the district court erred by failing to apply Florida Statute § 61.13(2)(b), which expressly authorizes courts to awa
• Aguayo v. Tomco Carburetor Co.
  853 F.2d 744· 9th Cir.· 1988-08-05 ·cited 12×
  The court held that the district court abused its discretion by denying the Board's petition for interim injunctive relief, as there was reasonable cause to believe unfair labor practices occurred and reinstatement was just and proper.
• United States v. Gambize Schardar
  850 F.2d 1457· 11th Cir.· 1988-08-01 ·cited 12×·via Abuse Of Discretion Standard For Continuance
  The court held that the defendant's convictions for wire fraud, making and uttering false bills of lading, and interstate transportation of property taken by fraud were supported by sufficient evidence and that the trial court did not err in its evidentiary rulings or in denying
• Xeta, Inc. v. Atex, Inc.
  852 F.2d 1280· Fed. Cir.· 1988-07-27 ·cited 12×
  The court held that the district court did not abuse its discretion in denying Xeta's motion for a preliminary injunction because Xeta failed to demonstrate a likelihood of success on the merits of its antitrust and tort claims.
• United States v. ST. John
  851 F.2d 1096· 8th Cir.· 1988-07-14 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not err in refusing to appoint a defense psychologist, admitting hearsay statements from the victim, or in finding the evidence sufficient for conviction.
• Wojan v. Gen. Motors Corp.
  851 F.2d 969· 7th Cir.· 1988-07-12 ·cited 12×
  A district court retains inherent jurisdiction to impose Rule 11 sanctions even after dismissing a case for lack of subject matter jurisdiction. However, the court affirmed the denial of sanctions because the plaintiff's claims for sanctions were ultimately without merit.
• United States v. Packwood
  848 F.2d 1009· 9th Cir.· 1988-06-09 ·cited 12×
  The court held that the government failed to establish that Packwood breached the plea agreement by providing false information, and thus the district court did not err in dismissing the indictment.
• Farmland Dairies & Fair Lawn Dairies, Inc. v. Comm'r OF the NEW York State Dep't OF Agric. & Mkts.
  847 F.2d 1038· 2d Cir.· 1988-05-26 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the proposed intervenors' motion to intervene as untimely, and therefore affirmed that order and dismissed the appeals from other district court orders.
• United States v. Jackson
  845 F.2d 1262· 5th Cir.· 1988-05-17 ·cited 12×
  The court held that the district court abused its discretion by ordering pretrial detention without adequately considering the weight of the evidence against the defendant and by failing to properly assess whether the presumption of detention had been rebutted.
• Plyler v. Parker Evatt
  846 F.2d 208· 4th Cir.· 1988-04-27 ·cited 12×
  The court held that the district court's denial of modification of the consent decree was not an abuse of discretion, as its factual findings were not clearly erroneous and supported the denial.
• Mann v. Mann
  523 So. 2d 804· Fla. 3d DCA· 1988-04-26 ·cited 12×
  The court held that the trial court abused its discretion in denying the wife's request for an extension of rehabilitative alimony, but affirmed the child support award.
• Harris v. Reginald Callwood & Daisy Callwood
  844 F.2d 1254· 6th Cir.· 1988-04-21 ·cited 12×
  The court held that dismissal under Rule 41(b) was improper without adequate notice to the pro se litigant that failure to appear at a conference could result in dismissal.
• In re Vertientes, Ltd. v. Internor Trade, Inc.
  845 F.2d 57· 3d Cir.· 1988-04-19 ·cited 12×
  The court held that a bankruptcy court has no discretion to allow the late filing of a proof of claim when the creditor has not demonstrated excusable neglect or requested an extension before the deadline, and no claim capable of amendment was previously filed.
• Awilda Ramirez Pomales v. Becton Dickinson & Co., S.A.
  839 F.2d 1· 1st Cir.· 1988-02-10 ·cited 12×
  The court held that the district court did not abuse its discretion in refusing to modify the final pre-trial order and did not err in granting a directed verdict for the defendant.
• Parker v. Parker
  519 So. 2d 673· Fla. 1st DCA· 1988-01-22 ·cited 12×
  In this consolidated appeal of post-dissolution orders, the Florida First District Court of Appeal affirmed the trial court's decision to modify the custody judgment by prohibiting the custodial mother from removing the minor child from Florida without court approval, and to deny
• In re Am. Reserve Corp. v. Holland
  841 F.2d 159· 7th Cir.· 1987-12-30 ·cited 12×
  The court held that a bankruptcy judge must make adequate findings of fact and conclusions of law to support the approval of a settlement, demonstrating an informed and independent judgment.
• Misasi v. United States Parole Comm'n
  835 F.2d 754· 10th Cir.· 1987-12-21 ·cited 12×
  The court held that the Parole Commission's reasons for setting the parole eligibility date beyond the guidelines lacked a rational basis in the record, as one reason was factually incorrect and the other was non-specific.
• United States v. Rife
  835 F.2d 154· 7th Cir.· 1987-12-02 ·cited 12×
  The court held that the statements made by the probationer to her probation officer were not subject to suppression and that the district court did not abuse its discretion in revoking probation or imposing sentence.
• Ulstein Mar., Ltd. v. United States
  833 F.2d 1052· 1st Cir.· 1987-11-25 ·cited 12×
  The court held that the district court had the authority to invalidate the SBA's certificate of competency and order the Navy to re-award the contract, as the SBA's immunity under 15 U.S.C. § 634(b)(1) does not preclude all judicial review or equitable relief in such cases.
• In re Request FOR Access TO Grand Jury Materials Grand Jury NO. 81-1
  833 F.2d 1438· 11th Cir.· 1987-11-24 ·cited 12×
  The court held that while the district court erred in initially proceeding ex parte, the error was harmless, and the district court did not abuse its discretion in releasing grand jury materials.
• United States v. Segall
  833 F.2d 144· 9th Cir.· 1987-11-23 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the three counts of making false statements were not multiplicitous, and the admission of testimony regarding fund withdrawals was not an abuse of discretion.
• United States v. Aceves-Rosales
  832 F.2d 1155· 9th Cir.· 1987-11-18 ·cited 12×
  The court held that the trial court did not abuse its discretion in excluding a medical record due to late disclosure under Fed.R.Crim.P. 16, and that sufficient evidence supported the conviction for assault with a deadly weapon.
• Dunn v. Gannett N.Y. Newspapers, Inc.
  833 F.2d 446· 3d Cir.· 1987-11-10 ·cited 12×
  The court held that a newspaper headline translating a Spanish word used to describe litterers as 'pigs' did not constitute libel against a public official absent proof of actual malice, and that an open letter comparing the official to dictators was protected opinion. The court
• Venegas v. Wagner
  831 F.2d 1514· 9th Cir.· 1987-11-09 ·cited 12×
  The court held that substantial evidence supported the jury's verdict against officers Skaggs and Roberson, but not against officer Bostard, affirming the denial of JNOV for Skaggs and Roberson while affirming the grant of JNOV for Bostard.
• Farm Constr. Servs., Inc. v. Fudge
  831 F.2d 18· 1st Cir.· 1987-10-15 ·cited 12×
  The court held that dismissal was a proper sanction for repeated failure to comply with discovery orders, and that the client is responsible for counsel's actions. The court also held that the appellant waived any objection to improper removal by failing to object until after jud
• Williams v. Brown & Root, Inc.
  828 F.2d 325· 5th Cir.· 1987-10-02 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to set aside a dismissal for failure to prosecute, as the attorney's inadvertent mistake did not constitute sufficiently unique circumstances for relief.
• Edelson v. Commissioner OF Internal Revenue
  829 F.2d 828· 9th Cir.· 1987-10-02 ·cited 12×
  The court held that the tax court did not abuse its discretion in dismissing the petitions for failure to prosecute and did not err in upholding the Commissioner's deficiency determinations, fraud additions, and transferee liability.
• In re Chicago
  830 F.2d 758· 7th Cir.· 1987-09-28 ·cited 12×
  The court held that the reorganization court did not abuse its discretion in setting a 7.5/8.5 percent interest rate for the government's tax claim, and that the government's failure to file a timely claim for a tax penalty barred its recovery.
• Lemos v. Fencl
  828 F.2d 616· 9th Cir.· 1987-09-24 ·cited 12×
  The court held that sanctions under Rule 11 were not warranted because the petition for removal, while potentially lacking legal merit, was not frivolous and there was no evidence of an improper purpose.
• Weil v. Markowitz
  829 F.2d 166· D.C. Cir.· 1987-09-22 ·cited 12×
  The court held that the district court abused its discretion in dismissing defendant Strahan and that the issue of Rule 11 sanctions and nunc pro tunc entry of the settlement order required further clarification and consideration by the district court.
• LaMERE v. Risley
  827 F.2d 622· 9th Cir.· 1987-09-10 ·cited 12×
  The prosecution's failure to disclose potential rebuttal witnesses, without sufficient good cause, violated the defendant's due process rights under Montana's notice-of-alibi statute.
• Wenzel v. Wenzel
  512 So. 2d 275· Fla. 4th DCA· 1987-09-02 ·cited 12×
  An award of temporary alimony that exceeds both the amount requested by the wife and the standard of living established during the marriage, and fails to account for the wife's substantial financial worth and ability to contribute to her own support, constitutes an abuse of discr
• United States v. Ismaili
  828 F.2d 153· 3d Cir.· 1987-09-02 ·cited 12×
  The court held that the district court abused its discretion in denying the defendant's motion to depose foreign witnesses, applying a standard of proof to the defendant's request that was significantly higher than that used for government requests.
• Belfiore v. The NEW York Times Co. & MCI Corp.
  826 F.2d 177· 2d Cir.· 1987-08-07 ·cited 12×
  The court affirmed the district court's grant of summary judgment, finding no abuse of discretion in discovery or amendment rulings, and no grounds for disqualifying the special master.
• Berks v. United States
  825 F.2d 1262· 8th Cir.· 1987-08-06 ·cited 12×
  The court held that the district court erred by denying litigation costs and attorney's fees without making specific findings of fact and conclusions of law regarding the reasonableness of the government's position in the civil proceeding.
• United States v. Driggs
  823 F.2d 52· 3d Cir.· 1987-07-16 ·cited 12×
  The court held that excluding evidence of a comprehensive scheme under Federal Rule of Evidence 403 was an abuse of discretion when it was relevant to proving essential elements of a Hobbs Act violation.
• United States v. Sherman
  821 F.2d 1337· 9th Cir.· 1987-06-22 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that conducting a jury instruction conference in the defendant's absence was not plain error, as it constituted a conference on a question of law. The court also found no reversible error in the denial of a motion to elect possession counts or in the restriction of
• Patricio Hernandez-Cordero and Maria Guadalupe Ortega de Hernandez v. United States Immigr. & Naturalization Serv.
  819 F.2d 558· 5th Cir.· 1987-06-19 ·cited 12×
  The court held that the Board of Immigration Appeals (BIA) did not abuse its discretion in denying the application for suspension of deportation, as the hardship faced by the appellants was not "extreme" under the relevant statutory framework.
• J.P. Stevens Co., Inc. v. LEX TEX Ltd., Inc.
  822 F.2d 1047· Fed. Cir.· 1987-06-19 ·cited 12×
  The court held that the district court did not abuse its discretion in denying attorneys' fees, even though the case was exceptional due to inequitable conduct.
• Adams v. Fuqua Indus., Inc.
  820 F.2d 271· 8th Cir.· 1987-06-04 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court abused its discretion by excluding Fuqua's rebuttal evidence regarding the feasibility of safety features, materially prejudicing Fuqua's defense.