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

• Porter v. Beaumont Enter. & Journal
  743 F.2d 269· 5th Cir.· 1984-10-04 ·cited 12×
  The court held that the district court did not abuse its discretion in dismissing the Title VII race discrimination suit with prejudice due to the plaintiff's attorney's inexcusable delay and improper service of process.
• Fredieu v. Rowan Cos., Inc.
  738 F.2d 651· 5th Cir.· 1984-08-09 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the untimely request for a jury trial, and that the factual findings regarding the rig not being in navigation and the injury resulting from co-employee negligence were not clearly erroneous.
• United States v. Harris
  738 F.2d 1068· 9th Cir.· 1984-07-30 ·cited 12×
  The court held that the government's use of an informant did not violate the defendant's Sixth Amendment right to counsel, and that jury instructions regarding codefendants' guilty pleas, when considered in their entirety, were adequate.
• Aljoe Poindexter v. Fed. Bureau of Investigation
  737 F.2d 1173· D.C. Cir.· 1984-06-26 ·cited 12×
  The court held that the plaintiff's financial circumstances did not meet the statutory requirements for court-appointed counsel.
• McGARR v. United States
  736 F.2d 912· 3d Cir.· 1984-06-15 ·cited 12×
  The court held that the district court erred in dismissing the complaint, as the allegations were sufficient to alert the defendant to the nature of the claim.
• Sanguine, Ltd. v. United States Dep't OF the Interior
  736 F.2d 1416· 10th Cir.· 1984-06-15 ·cited 12×
  Appellants were entitled to intervene as of right because the government's representation of their interests was potentially inadequate and their interest in the subject matter was sufficient to be impaired by the consent decree.
• United States v. Ioannis Tzakis
  736 F.2d 867· 2d Cir.· 1984-06-11 ·cited 12×
  A district court does not abuse its discretion by imposing joint and several liability for restitution on co-defendants convicted of conspiracy, even if their culpability differs.
• Gladwin C. Lamb v. Commissioner OF Internal Revenue
  733 F.2d 86· 10th Cir.· 1984-05-04 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that the tax court did not abuse its discretion in dismissing the taxpayer's petition for failure to prosecute and that the appeal was frivolous, warranting sanctions.
• O'Connor v. Peru State Coll.
  728 F.2d 1001· 8th Cir.· 1984-02-22 ·cited 12×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction because the balance of equities did not favor the plaintiff and the harm alleged was not irreparable.
• Hyman A. Lieberman v. Gunnell
  726 F.2d 75· 2d Cir.· 1984-01-23 ·cited 12×
  The court held that the Parole Commission abused its discretion by misclassifying the appellant's offense as a Greatest I property offense instead of a Very High opiate offense.
• United States v. Russell
  724 F.2d 725· 8th Cir.· 1984-01-13 ·cited 12×
  The court held that the district court did not abuse its discretion in sentencing the appellant, as the sentences were within statutory limits and imposed in accordance with requirements.
• United States v. $64
  722 F.2d 239· 5th Cir.· 1984-01-12 ·cited 12×
  The court held that the arrest was lawful, the cash had a substantial connection to a Title 21 crime, the searches were constitutional, and the denial of the writ of habeas corpus ad testificandum was not an abuse of discretion.
• Cem-A-Care OF Fla., Inc. v. Automated Planning Sys., Inc.
  442 So. 2d 1048· Fla. 4th DCA· 1983-12-14 ·cited 12×
  CEM-A-Care of Florida appealed an order striking its defensive pleadings as a sanction for persistent dilatory conduct and willful violation of court orders. The Fourth District affirmed the trial court's exercise of discretion in imposing this severe sanction, finding no abuse o
• Robinson v. Hadden
  723 F.2d 59· 10th Cir.· 1983-12-12 ·cited 12×
  The Parole Commission may consider evidence of offenses charged in dismissed counts when determining parole eligibility, provided it does not violate a plea agreement or a government representation. The Commission did not abuse its discretion in rating the offense severity or set
• Vreeken v. Special Agent
  718 F.2d 343· 10th Cir.· 1983-09-27 ·cited 12×
  The court held that the plaintiffs' appeal was timely filed because their motion to amend the judgment tolled the appeal period, and that the mail cover did not violate the Fourth Amendment.
• Groper v. Taff
  717 F.2d 1415· D.C. Cir.· 1983-09-13 ·cited 12×
  An order granting disqualification of counsel is immediately appealable under the collateral order doctrine, and the district court did not abuse its discretion in disqualifying counsel who ought to be called as a witness.
• Duke v. Fob James
  713 F.2d 1506· 11th Cir.· 1983-09-09 ·cited 12×
  The court held that Pullman abstention was improper because the state statute was not "fairly subject to a state law construction that would avoid or substantially modify the federal constitutional question." The court also noted that dismissal was inappropriate if abstention wer
• Escelles Garrison v. Int'l Paper Co.
  714 F.2d 757· 8th Cir.· 1983-08-16 ·cited 12×
  The court held that a pattern of intentional delay and failure to prosecute, despite ample opportunity to correct the deficiencies, justifies dismissal with prejudice.
• United States v. Campbell
  711 F.2d 159· 11th Cir.· 1983-08-04 ·cited 12×
  The court held that the district court's denial of the defendant's motion to reduce sentence was not an abuse of discretion.
• Sanders v. Sanders
  435 So. 2d 372· Fla. 5th DCA· 1983-07-28 ·cited 12×
  A trial court does not abuse its discretion by awarding one spouse the other's interest in jointly-owned marital property as lump sum alimony when supported by the record and when the award is the only practicable method to ensure both parties can subsist after dissolution.
• Ardauan Amir Motamedi v. Immigr. & Naturalization Serv.
  713 F.2d 575· 10th Cir.· 1983-07-25 ·cited 12×
  The Board of Immigration Appeals abused its discretion by denying the alien's motion to reopen deportation proceedings without considering the merits of his asylum claim based on newly acquired information about persecution in his home country.
• Zarahn v. City OF Milton
  433 So. 2d 41· Fla. 1st DCA· 1983-06-17 ·cited 12×
  The court held that the deputy commissioner did not abuse discretion in denying an advancement of benefits for attorney fees when it would materially prejudice the employer and was not in the claimant's best interest.
• Ingram v. Madison Square Garden Ctr., Inc.
  709 F.2d 807· 2d Cir.· 1983-06-13 ·cited 12×
  The court held that while the union engaged in discrimination, the district court's remedies for back pay, front pay, and retroactive seniority were excessive and did not accurately recreate pre-discrimination conditions, requiring modification.
• Amezquita-Soto v. Immigr. & Naturalization Serv.
  708 F.2d 898· 3d Cir.· 1983-05-31 ·cited 12×
  The court held that the Board of Immigration Appeals erred in its legal interpretation of New Jersey law regarding the definition of 'child' for suspension of deportation purposes, and that a remand was necessary for reconsideration of the hardship claim.
• N. Penn GAS Co. v. Fed. Energy Regulatory Comm'n
  707 F.2d 763· 3d Cir.· 1983-05-13 ·cited 12×
  The court held that the Federal Energy Regulatory Commission (FERC) acted within its statutory authority in ordering refunds when it rejected a natural gas company's proposed method for valuing stored gas inventory in favor of its own, even though the company had used the rejecte
• Marrese v. Am. Acad. OF Orthopaedic Surgeons
  706 F.2d 1488· 7th Cir.· 1983-05-11 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not commit clear error in refusing to postpone discovery of the Academy's application files.
• Boston Insulated Wire & Cable Sys., Inc. v. Nat'l Labor Relations Bd.
  703 F.2d 876· 5th Cir.· 1983-04-25 ·cited 12×
  The court held that the National Labor Relations Board did not abuse its discretion in refusing to set aside the election or grant an evidentiary hearing based on the company's objections regarding union electioneering.
• Shelvia Williams v. The City OF Fairburn
  702 F.2d 973· 11th Cir.· 1983-04-15 ·cited 12×
  A prevailing party is entitled to attorney's fees for all work that logically flows from or relates to the primary issue and objective of the suit, even if subsidiary issues are not fully successful.
• In re Illinois Congressional Districts Reapportionment Cases
  704 F.2d 380· 7th Cir.· 1983-04-05 ·cited 12×
  The court held that while a multiplier for attorney's fees was appropriate given the case's complexity and quality of work, a multiplier of three was excessive; a 20% bonus was deemed sufficient.
• United States v. Stan Carlin
  698 F.2d 1133· 11th Cir.· 1983-02-22 ·cited 12×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying challenges for cause, sustaining Fifth Amendment claims, refusing judicial immunity, or excluding hearsay testimony.
• Schaefer v. Nat'l Labor Relations Bd.
  697 F.2d 558· 3d Cir.· 1983-01-19 ·cited 12×
  The court held that the employer's petition for review of the backpay award was not barred by a prior stipulation or timeliness issues, and that the award was not precluded by private agreements or releases under the Spielberg-Collyer doctrine.
• Williams v. The City OF NEW Orleans
  694 F.2d 987· 5th Cir.· 1982-12-16 ·cited 12×
  The court, in a dissent, would affirm the district court's decision to reject a specific promotion quota within a consent decree.
• Lennertz v. Dorsey
  421 So. 2d 820· Fla. 4th DCA· 1982-11-17 ·cited 12×
  Summary judgment for defendants in slander action was properly affirmed because the trial court did not abuse its discretion in refusing to consider affidavits filed late with a motion for rehearing.
• Rosquist v. The SOO Line R.R.
  692 F.2d 1107· 7th Cir.· 1982-11-10 ·cited 12×
  The district court did not abuse its discretion in reducing the attorneys' fees awarded, as it had the jurisdiction and justification to review the fee agreement, especially given the vulnerable parties involved.
• Humboldt Cnty. v. United States
  684 F.2d 1276· 9th Cir.· 1982-08-24 ·cited 12×
  The court held that Humboldt County did not possess rights of way under Revised Statutes 2477 for roads providing recreational access, and that the BLM's closure of the roads and denial of land conveyance were not an abuse of discretion or procedurally flawed.
• City OF Dothan v. Fed. Energy Regulatory Comm'n
  684 F.2d 159· D.C. Cir.· 1982-08-03 ·cited 12×
  The court held that the Federal Energy Regulatory Commission's decision to grant a preliminary permit to the applicant who filed first, when competing applications were deemed equally well adapted to serve the public interest, was supported by substantial evidence and not arbitra
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• Kotzen v. Levine
  678 F.2d 140· 11th Cir.· 1982-06-11 ·cited 12×
  The court held that a dismissal without prejudice, even if styled as a directed verdict, is permissible when a plaintiff fails to present sufficient evidence, provided the defendant suffers no plain prejudice.
• Cora Lee Edwards v. State
  414 So. 2d 1174· Fla. 5th DCA· 1982-06-09 ·cited 12×
  Cora Lee Edwards appealed her convictions for murder in the first degree and aggravated battery, challenging the trial court's admission of five photographs of the murder victim. The Florida appellate court affirmed the convictions and sentences, holding that gruesome photographs
• Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison and Minnie W. Madison
  415 So. 2d 84· Fla. 4th DCA· 1982-06-09 ·cited 12×
  The court held that the trial court did not abuse its discretion in finding the hospital's neglect to be gross rather than excusable.
• Ferguson v. The Honorable Barry J. Stone
  415 So. 2d 98· Fla. 4th DCA· 1982-06-09 ·cited 12×
  The court held that the trial judge did not abuse his discretion in denying the motion to withdraw the nolo contendere plea, as the victim's recantation was found incredible and contradicted by other evidence.
• United States v. Frias-Ramirez
  670 F.2d 849· 9th Cir.· 1982-03-02 ·cited 12×
  The court held that the sureties were properly informed of the risks and that the district court did not abuse its discretion in refusing to set aside or remit the bail bond forfeiture.
• Bell v. Cameron Meadows Land Co.
  669 F.2d 1278· 9th Cir.· 1982-02-22 ·cited 12×
  The court held that genuine issues of material fact exist regarding the federal and state securities law claims and common law fraud, requiring reversal of summary judgment on those claims. The court affirmed the denial of the plaintiffs' untimely jury demands.
• Nat'l Fed'n OF Fed. Emps. & Nat'l Ass'n of Gov't Emps. v. Devine
  671 F.2d 607· D.C. Cir.· 1982-02-19 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Office of Personnel Management (OPM) had good cause to postpone the federal employees' health benefit open season without prior notice and comment under the Administrative Procedure Act due to unforeseen emergency circumstances.
• Krause v. Rhodes
  671 F.2d 212· 6th Cir.· 1982-02-18 ·cited 12×
  The court held that the district court did not abuse its discretion in ordering the public disclosure of discovery materials from the Kent State litigation, balancing First Amendment rights with privacy concerns.
• Barta v. Long
  670 F.2d 907· 10th Cir.· 1982-02-08 ·cited 12×
  The court held that the appeal from the default judgment was untimely, but the appeal from the denial of the Rule 60(b) motion was timely and affirmed the denial. The defendants failed to show good cause for their default or a meritorious defense.
• Puerto RICO Mar. Shipping Auth. v. Leith
  668 F.2d 46· 1st Cir.· 1981-12-15 ·cited 12×
  The court held that the district court did not abuse its discretion in granting a voluntary dismissal without prejudice under Rule 41(a)(2) and without imposing costs or attorney's fees, nor in failing to hold a hearing.
• Centurion Indus., Inc. v. Warren Steurer & Assocs. & Instructional Materials & Equip. Distribs.
  665 F.2d 323· 10th Cir.· 1981-12-02 ·cited 12×
  The court held that the party seeking discovery of trade secrets met its burden to show relevance and necessity, and the district court did not abuse its discretion in ordering disclosure under a protective order.
• United States v. Edmonson
  659 F.2d 549· 5th Cir.· 1981-10-15 ·cited 12×
  The court held that convictions for possessing mail stolen simultaneously are multiplicitous, and sentences imposed for such convictions must be corrected.
• In re Hillard T. Roach v. Hillard T. Roach
  660 F.2d 1316· 9th Cir.· 1981-09-30 ·cited 12×
  The court held that notices of postponement of sale, which specify a new sale date, do not violate the automatic stay and that the denial of Roach's motions was not an abuse of discretion.