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

• Crandall v. Commissioner OF Internal Revenue
  650 F.2d 659· 5th Cir.· 1981-07-13 ·cited 12×
  The Tax Court abused its discretion by dismissing the case for failure to prosecute without considering the appellant's explanation for non-compliance.
• In re The Est. OF Morris Simon v. Palmer
  402 So. 2d 26· Fla. 3d DCA· 1981-07-07 ·cited 12×·via Abuse Of Discretion Standard For Fee Awards
  An appeals court reversed a circuit court's award of $25,000 in attorney's fees to a curator and personal representative of a deceased person's estate. The court found the fee award was an abuse of discretion where the estate was simple, consisted only of cash, and the award bore
• Mercer v. Raine
  410 So. 2d 931· Fla. 4th DCA· 1981-06-17 ·cited 12×
  The court held that the multiple sanctions imposed, including striking the defendant's answer and entering a default judgment on liability, were unnecessarily severe and constituted an abuse of discretion.
• In re Est. OF Stanton Griffis
  399 So. 2d 1048· Fla. 4th DCA· 1981-06-10 ·cited 12×
  The executor of the Griffis estate appeals an order awarding $125,000 in attorneys' fees from the estate to the decedent's widow. The Fourth District Court of Appeal affirms the award, finding the trial court properly applied the Disciplinary Rule 2-106(B) factors and that reason
• United States v. Mert LeRoy Wolf
  645 F.2d 665· 8th Cir.· 1981-04-15 ·cited 12×
  The court held that the district court did not err in denying the appellant's requested continuance, nor was the conviction obtained with the use of false evidence, and the prosecutor's closing argument was permissible and non-prejudicial.
• Davis v. City OF Abbeville
  633 F.2d 1161· 5th Cir.· 1981-01-08 ·cited 12×
  The court affirmed the attorney's fees award, finding no abuse of discretion despite the district court's failure to explicitly articulate the Johnson factors, as the record indicated consideration and the award was not palpably unreasonable.
• United States v. Harris
  635 F.2d 526· 6th Cir.· 1980-12-15 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying severance and that the sentence was not improperly influenced by the probation office's recommendation.
• United States v. Rifen
  634 F.2d 1142· 8th Cir.· 1980-12-03 ·cited 12×
  The court held that the defendant received adequate notice and that sufficient evidence supported the finding of probation violation.
• Jones v. Armstrong Cork Co.
  630 F.2d 324· 5th Cir.· 1980-11-12 ·cited 12×
  The court affirmed the district court's award of attorney's fees, finding it was a reasonable exercise of discretion based on established guidelines.
• Vuthisit Prapavat and Jongchit Prapavat v. Immigr. & Naturalization Serv.
  638 F.2d 87· 9th Cir.· 1980-11-07 ·cited 12×
  The court held that the Board of Immigration Appeals abused its discretion in finding that the petitioners had not shown extreme hardship, reversing the BIA's decision.
• United States v. Artie Ray Dufur
  648 F.2d 512· 9th Cir.· 1980-09-17 ·cited 12×
  The court held that the defendant's conviction for first-degree murder was not reversible due to publicity, admission of statements, indictment specificity, denial of a second attorney, or prosecutorial remarks.
• Carnalla-Munoz v. United States Immigr. & Naturalization Serv.
  627 F.2d 1004· 9th Cir.· 1980-09-15 ·cited 12×
  The court held that the Board of Immigration Appeals did not abuse its discretion in upholding the immigration judge's finding that the petitioners failed to establish extreme hardship required for suspension of deportation.
• Concord Twp. v. The United States & the Interstate Commerce Comm'n
  625 F.2d 1068· 3d Cir.· 1980-06-23 ·cited 12×
  The court held that the ICC's grant of a certificate for freight service over the eastern segment of the line was arbitrary and capricious due to a lack of substantial evidence of shipper need, and that an Environmental Impact Statement was not required.
• CF&I Steel Corp. v. Econ. Dev. Admin.
  624 F.2d 136· 10th Cir.· 1980-06-20 ·cited 12×·via Arbitrary, Capricious, Or Abuse Of Discretion Standard
  The court held that the Economic Development Administration's (EDA) approval of a loan guarantee for Wheeling-Pittsburgh Steel was rational and supported by the administrative record, and that the trial court did not err in its review.
• Nat'l Labor Relations Bd. v. J. C. Penney Co., Inc.
  620 F.2d 718· 9th Cir.· 1980-05-01 ·cited 12×
  The court held that the National Labor Relations Board's determination that J.C. Penney's auto center employees constituted an appropriate bargaining unit was supported by substantial evidence and within the Board's expertise.
• Murphy Smith, Jr. v. Mo. Pac. R.R. Co.
  615 F.2d 683· 5th Cir.· 1980-04-18 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a Rule 60(b) motion to set aside an agreed order modifying a seniority system, as the motion was untimely and brought by non-parties.
• In re W. F. Hurley, Inc. v. W. F. Hurley, Inc.
  612 F.2d 392· 8th Cir.· 1980-01-10 ·cited 12×
  The court held that the district court erred in dismissing the appeal for want of jurisdiction, as the appeal was from the denial of a motion to reconsider, not the original order. The denial of a motion for reconsideration under Rule 307 is reviewable by the district court under
• United States v. Castell
  584 F.2d 87· 5th Cir.· 1978-11-15 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not err in excluding evidence of the witness's prior conduct and in giving a jury instruction regarding possession of recently stolen property.
• Pittman v. State
  360 So. 2d 1138· Fla. 1st DCA· 1978-07-21 ·cited 12×·via Abuse Of Discretion Standard For Continuance
  Charles Pittman appealed his conviction for unlawful entry into a cafe with intent to commit a crime. The Florida appellate court affirmed his conviction, rejecting both his challenge to the trial court's denial of a continuance and his sufficiency of evidence argument.
• United States v. Cumbie
  569 F.2d 273· 5th Cir.· 1978-03-08 ·cited 12×
  The court held that the appeals regarding alleged failures to inform of maximum penalties and consideration of dropped charges were untimely and dismissed. The appeal concerning sentence reduction motions was affirmed as sentences were within statutory limits and not an abuse of
• Unification Church v. The Attorney Gen. FOR the United States. Keiko Asai
  581 F.2d 870· D.C. Cir.· 1978-03-01 ·cited 12×
  The court held that the denial of the Church's H-3 petitions was not an abuse of discretion and that the deportation hearing did not violate due process. The court affirmed the denial of petitions and the deportation order.
• United States v. Hernandez-Berceda
  572 F.2d 680· 9th Cir.· 1978-02-09 ·cited 12×
  The court held that the trial judge did not abuse discretion in denying a continuance for a codefendant's testimony or in refusing to disclose the identity of a government informant.
• Freedson v. Commissioner OF Internal Revenue
  565 F.2d 954· 5th Cir.· 1978-01-10 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The appellate court affirmed the Tax Court's dismissal, finding no abuse of discretion in the decision to dismiss for failure to prosecute.
• United States v. Shapiro
  565 F.2d 479· 7th Cir.· 1977-11-15 ·cited 12×
  The court held that the district court did not abuse its discretion in admitting evidence of prior convictions for impeachment purposes under Federal Rule of Evidence 609(b).
• Durcan v. State
  350 So. 2d 525· Fla. 3d DCA· 1977-10-04 ·cited 12×
  The court held that the trial judge did not abuse his discretion in denying the defendant's motions for continuance.
• Glasco v. Hills
  558 F.2d 179· 3d Cir.· 1977-06-27 ·cited 12×
  The court affirmed the denial of a preliminary injunction because the tenants failed to demonstrate irreparable injury, which is a necessary prerequisite for such relief.
• Julius Goldman's Egg City v. The United States
  556 F.2d 1096· Ct. Cl.· 1977-06-15 ·cited 12×
  The court held that judicial review of indemnity payments is available, but only to determine if the administrative computation was arbitrary, capricious, an abuse of discretion, or contrary to law. The court also found that triable issues of fact existed regarding the plaintiff'
• United States v. Yates
  553 F.2d 502· 5th Cir.· 1977-06-06 ·cited 12×
  The denial of a motion for reduction of sentence under Rule 35 is affirmed because the district court did not abuse its discretion or act illegally in denying the motion, even considering the Parole Commission's guidelines.
• Ruiz v. Estelle
  550 F.2d 238· 5th Cir.· 1977-04-07 ·cited 12×
  The court held that the district court did not abuse its discretion in issuing the preliminary injunctive order.
• Lincoln Carpet Mills, Inc. v. The Singer Co.
  549 F.2d 80· 8th Cir.· 1977-02-14 ·cited 12×
  The court held that the negligence claim was not cognizable under Nebraska law because the duty arose from the contract, and affirmed the denial of a new trial on the contract claim.
• United States v. Wyers
  546 F.2d 599· 5th Cir.· 1977-01-26 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court affirmed the conviction, finding no reversible error in the jury selection, speedy trial, prosecutorial questioning, or sufficiency of evidence claims.
• United States & Patrick W. McDermott v. Gilpin
  542 F.2d 38· 7th Cir.· 1976-09-03 ·cited 12×
  The court held that an IRS summons issued as part of an ongoing investigation does not constitute a second inspection requiring prior written notice under 26 U.S.C. § 7605(b).
• Garrett Freightlines, Inc. v. United States & Interstate Commerce Comm'n
  540 F.2d 450· 9th Cir.· 1976-07-26 ·cited 12×
  The court held that the Interstate Commerce Commission's grant of temporary motor carrier authority was not arbitrary, capricious, or an abuse of discretion, as there was some evidence supporting the finding of an immediate and urgent need.
• Pacheco v. Phelps Dodge Ref. Corp.
  531 F.2d 709· 5th Cir.· 1976-05-12 ·cited 12×
  The court held that the trial judge did not abuse his discretion in dismissing the appellant's action for want of prosecution, as the appellant demonstrated indifference to pursuing his claim by failing to meet legal time limitations.
• United States v. Bryan
  534 F.2d 205· 9th Cir.· 1976-04-22 ·cited 12×
  The court held that the trial judge did not abuse his discretion in denying a continuance, admitting evidence of a prior conviction, or in allowing a juror to continue after contact with a witness. The evidence was also sufficient to support the conviction.
• Am. Home Inv. Co. v. Gontran T. Bedel
  525 F.2d 1022· 8th Cir.· 1975-12-03 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a preliminary injunction because the plaintiff failed to show a substantial probability of success on the merits.
• United States v. Mahar
  519 F.2d 1272· 6th Cir.· 1975-07-25 ·cited 12×
  The court held that the district judge did not abuse his discretion in admitting evidence of similar conduct to prove identity, motive, intent, or common plan, as its probative value outweighed its prejudice.
• In re Equity Funding Corp. OF Am. v. Loeffler
  519 F.2d 1274· 9th Cir.· 1975-07-21 ·cited 12×
  The court held that the district court did not abuse its discretion in approving the Trustee's settlement with the Illinois Director, as the compromise was reasonable given the doubtful nature and potential impact of the fraud claims.
• United States v. Jones
  514 F.2d 648· 5th Cir.· 1975-06-13 ·cited 12×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the evidence was sufficient to support the conviction and that the trial court did not err in admitting evidence or in its instructions to the jury.
• W. Addition Cmty. Org. v. Alioto
  514 F.2d 542· 9th Cir.· 1975-03-27 ·cited 12×
  The appeal is dismissed as moot because the District Court's order has been fully effected and no live controversy remains. The cross-appeal is affirmed.
• Silvestri v. Claudette Aggie Silvestri
  309 So. 2d 29· Fla. 3d DCA· 1975-02-25 ·cited 12×
  The appellate court affirmed the trial court's order awarding permanent custody of the child to the mother, finding no abuse of discretion.
• Freeman J. Nevins v. Nevins
  305 So. 2d 63· Fla. 3d DCA· 1974-11-12 ·cited 12×
  In this dissolution of marriage case, the Florida District Court of Appeal reviewed a trial court's award of alimony and child support to the wife following a 24-year marriage. The court affirmed the awards of partial lump sum alimony, permanent alimony, and division of assets, b
• United States v. Leyba
  504 F.2d 441· 10th Cir.· 1974-10-24 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the denial of a new trial was not an abuse of discretion, and the admission of defendant's height and weight was permissible. However, the imposition of separate penalties under different subsections of the Bank Robbery Act was improper.
• Kruglak v. State
  300 So. 2d 315· Fla. 3d DCA· 1974-08-13 ·cited 12×
  Billy Kruglak appeals his conviction for unlawful marijuana possession and conspiracy to commit a felony. The Florida appellate court affirmed the conviction, rejecting arguments that the prosecutor's closing remarks were improper, that the trial court erred in allowing witnesses
• Rassano v. Immigr. & Naturalization Serv.
  492 F.2d 220· 7th Cir.· 1974-02-21 ·cited 12×
  The court held that the denial of discretionary relief for suspension of deportation was an abuse of discretion, reversing that part of the order.
• Anderson v. Anderson
  289 So. 2d 463· Fla. 3d DCA· 1974-01-29 ·cited 12×
  In this dissolution of marriage case, the trial court awarded custody of twin daughters to their father despite both parents being equally fit, finding it in the children's best interests. The appellate court affirmed, holding that while tender years of children may favor mothers
• Stout v. Jefferson Cnty. Bd. OF Educ.
  489 F.2d 97· 5th Cir.· 1974-01-25 ·cited 12×
  The court held that the appellant failed to provide an adequate record for review, thus could not demonstrate an abuse of discretion by the district court.
• Newport Motel, Inc. v. Cobin Rest., Inc.
  281 So. 2d 234· Fla. 3d DCA· 1973-06-26 ·cited 12×
  An arbitration award may not be reversed for a mistake of law, and an award of attorney's fees to a prevailing lessee under a lease provision is not an abuse of discretion when supported by testimony regarding the nature and extent of services rendered.
• United States v. Bumatay
  480 F.2d 1012· 9th Cir.· 1973-06-25 ·cited 12×
  The denial of a motion for severance is not an abuse of discretion when the defendant fails to show that a codefendant would testify at a severed trial.
• Mitsui O. S. K. Lines v. Horton & Horton, Inc.
  480 F.2d 1104· 5th Cir.· 1973-06-21 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the motion to reopen for evidence that was cumulative, and that while repair damages were sufficiently proven, the award for operating costs was based on insufficient evidence.