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

• United States v. Heriberto Fragoso-Gastellum
  456 F.2d 1287· 9th Cir.· 1972-03-06 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Robinson v. State
  256 So. 2d 29· Fla. 3d DCA· 1971-12-07 ·cited 12×·via Abuse Of Discretion Standard For Continuance
  Betty Robinson appealed her criminal convictions, challenging the trial court's denial of a continuance and exclusion of her husband's testimony. The appellate court affirmed the convictions, finding no abuse of discretion by the trial judge and holding that Robinson's own lack o
• Sanchez v. Safeway Stores, Inc.
  451 F.2d 998· 10th Cir.· 1971-12-06 ·cited 12×·via Abuse Of Discretion Standard For Expert Testimony
  The court held that the trial court did not abuse its discretion in limiting rebuttal expert testimony and properly instructed the jury on sudden emergency and unavoidable accident.
• Yumich v. Cotter
  452 F.2d 59· 7th Cir.· 1971-10-13 ·cited 12×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's reversal.
• United States v. Sanders
  438 F.2d 344· 5th Cir.· 1971-02-19 ·cited 12×·via Gross Abuse Of Discretion
  The court held that a district court's denial of a motion for reduction or modification of sentence is not appealable unless it constitutes a gross abuse of discretion.
• United States v. McGIRR
  434 F.2d 844· 4th Cir.· 1970-11-24 ·cited 12×
  The dissenting judge would affirm the district court's decision, finding no abuse of discretion in its ruling.
• United States v. Frost
  431 F.2d 1249· 1st Cir.· 1970-10-06 ·cited 12×
  The court held that the defendant's constitutional and procedural rights to a speedy trial were not violated, and the district court did not err in denying the motion to dismiss or excluding entrapment testimony.
• United States v. Fernandez
  428 F.2d 578· 2d Cir.· 1970-07-08 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, and that the plea was accepted in compliance with Rule 11.
• Sec. & Exch. Comm'n v. Ark. Loan & Thrift Corp.
  427 F.2d 1171· 8th Cir.· 1970-06-08 ·cited 12×
  The court held that the trial court did not abuse its discretion in approving the receiver's settlement of a claim against the fidelity bond carrier.
• United States v. Carroll Cnty. Bd. OF Educ.
  427 F.2d 141· 5th Cir.· 1970-06-01 ·cited 12×
  The court held that the district court did not err in denying a petition to intervene in a school desegregation case, as the representation was adequate and the motion was not timely.
• United States v. Craft
  421 F.2d 693· 9th Cir.· 1970-02-12 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial court did not abuse its discretion in denying the motion for a new trial based on newly discovered evidence.
• United States v. Denver Lane Moore
  419 F.2d 810· 6th Cir.· 1969-12-30 ·cited 12×
  The court held that the denial of continuances did not prejudice the defendant and the jury instruction on consent to search was proper.
• Lucerne Inv. Co. v. Est. Belvedere, Inc.
  411 F.2d 1205· 3d Cir.· 1969-06-16 ·cited 12×
  An award of attorney's fees in an uncontested mortgage foreclosure action was so excessive as to constitute a reviewable abuse of discretion.
• Inger Rogers v. First Nat'l Bank AT Winter Park
  223 So. 2d 365· Fla. 4th DCA· 1969-04-08 ·cited 12×
  Mistake, misunderstanding, or neglect of counsel is not sufficient grounds for vacating a judgment under Rule 1.540(b), and where a party seeks relief based on counsel's mistake or excusable neglect, the moving party must show that the justifying facts and circumstances are appli
• Sheaffer v. Warehouse Emps. Union
  408 F.2d 204· D.C. Cir.· 1969-01-23 ·cited 12×
• City OF N. Miami Beach v. Estes
  214 So. 2d 644· Fla. 3d DCA· 1968-10-15 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The City of North Miami Beach appealed a trial court order invalidating an ordinance that allocated public funds to pay special counsel defending city councilmen and the city attorney against a lawsuit challenging their election. The court reversed, holding that the city had a su
• Dennis v. State
  214 So. 2d 661· Fla. 3d DCA· 1968-10-01 ·cited 12×
  Dennis and Palmer were convicted of robbery after a jury trial in Dade County, Florida. On appeal, they challenged the trial court's exclusion of a cross-examination question regarding pending criminal charges against the state's rebuttal witness, claiming a violation of their co
• Bostwick v. Mollie Netcher Bostwick
  201 So. 2d 779· Fla. 4th DCA· 1967-08-16 ·cited 12×
  This case involves an interlocutory appeal from an order awarding temporary attorneys' fees and costs in a divorce action. The appellate court affirmed the lower court's decision due to an insufficient record provided by the appellant.
• Gross v. Bishop
  377 F.2d 492· 8th Cir.· 1967-05-18 ·cited 12×
  The court held that the appellant's life sentence for murder rendered moot any claims regarding the revocation of his prior suspended sentence, and that no federal constitutional right was violated.
• Hewlett Akers v. Norfolk & W. Ry. Co.
  378 F.2d 78· 4th Cir.· 1967-05-05 ·cited 12×
  Denial of a transfer motion under 28 U.S.C. § 1404(a) was an abuse of discretion, and mandamus should issue to compel the transfer.
• Fitzsimmons v. Gilpin
  368 F.2d 561· 9th Cir.· 1966-10-26 ·cited 12×
  The court held that the district court did not abuse its discretion in dismissing the action for want of prosecution.
• Nalco Chem. Co. v. Merwin G. Hall
  347 F.2d 90· 5th Cir.· 1965-06-22 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a temporary injunction, as the returned confidential information and the unlikelihood of enforcing the non-competition clause justified the denial.
• Somerville v. Skidmore
  175 So. 2d 575· Fla. 3d DCA· 1965-06-01 ·cited 12×
  Nellie Somerville, a defendant who suffered a default judgment after failing to timely respond to a complaint, appeals her conviction for vehicle damage to a service station. The court affirms the judgment, holding that the trial court properly denied relief from the default and
• Hornback v. Brotherhood OF Railroad Signalmen
  346 F.2d 161· 6th Cir.· 1965-05-27 ·cited 12×·via Abuse Of Discretion Standard For Preliminary Injunctions
  The court held that the district court did not abuse its discretion in denying the motions for a preliminary injunction, based on the union's commitment to reduce dues for objecting employees.
• Graham v. The Pa. R.R. & The Wash. Terminal Co.
  342 F.2d 914· D.C. Cir.· 1964-12-10 ·cited 12×
  The court held that the District Court did not abuse its discretion in denying a motion to enlarge the time for substituting a party under Federal Rule of Civil Procedure 25(a)(1).
• Palmer v. United States
  340 F.2d 48· 5th Cir.· 1964-12-07 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the evidence was sufficient to prove the drugs moved in interstate commerce and that the defendant 'caused' the dispensing, and that the term 'dispense' was appropriately used. The denial of a new trial for alleged jury misconduct was not an abuse of discretio
• (Lewis K. Ford v. Nathan
  166 So. 2d 185· Fla. 1st DCA· 1964-07-14 ·cited 12×
  In this negligence appeal, the trial court vacated a jury verdict in favor of the plaintiff and granted a new trial, finding the jury was influenced by sympathy and misunderstood the legal effect of contributory negligence. The appellate court affirmed, holding the trial judge pr
• Anne Grace Short v. Short
  162 So. 2d 538· Fla. 3d DCA· 1964-03-17 ·cited 12×
  The appellate court affirmed a lower court's order modifying a divorce decree's custody award because the appellant failed to provide a transcript of the lower court proceedings. Without a record of the evidence presented, the appellate court could not determine if the lower cour
• Springfield Television Broad. Corp. v. Fed. Commc'ns Comm'n
  328 F.2d 186· D.C. Cir.· 1964-01-09 ·cited 12×
  The court held that the Commission's denial of reconsideration was proper because the appellant failed to file a pre-grant opposition and did not provide sufficient justification for withholding facts until the reconsideration stage.
• Gornick v. United States
  320 F.2d 325· 10th Cir.· 1963-07-15 ·cited 12×·via Abuse Of Discretion Standard For Severance
  The court held that the trial court did not abuse its discretion in denying a severance and that there was sufficient evidence to support the assault conviction.
• United States v. Eley
  314 F.2d 127· 7th Cir.· 1963-02-05 ·cited 12×
  The court held that the trial court did not abuse its discretion in allowing the government to amend its bill of particulars after trial began, nor in admitting evidence of prior transactions or in its jury instructions, and that there was substantial evidence to support the guil
• Parker v. Broad. Music, Inc.
  289 F.2d 313· 2d Cir.· 1961-04-27 ·cited 12×
  The court held that the trial judge did not abuse his discretion in denying the plaintiff's motions to vacate the dismissal order.
• Naval v. United States
  278 F.2d 611· 9th Cir.· 1960-05-25 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the defendant's possession of heroin, unexplained, was sufficient evidence to authorize conviction under 21 U.S.C.A. § 174, and that various procedural errors alleged did not prejudice the defendant.
• Alliance FOR Conservation OF Natural Res. IN Pinellas Cnty. v. Furen
  110 So. 2d 55· Fla. 2d DCA· 1959-02-25 ·cited 12×
  Alliance for Conservation of Natural Resources challenges a circuit court's affirmance of the Pinellas County Water and Navigation Control Authority's permit allowing respondents to fill 500 acres of Boca Ciega Bay. The District Court of Appeal treats the appeal as a petition for
• United States v. Mack
  249 F.2d 421· 7th Cir.· 1957-11-25 ·cited 12×
  The court held that the district court erred in summarily denying the defendant's motion to withdraw her guilty plea without a hearing.
• UHL v. Echols Transfer Co. & Rufus Johnson
  238 F.2d 760· 5th Cir.· 1956-11-27 ·cited 12×·via Abuse Of Discretion Standard For New Trial Motions
  The court held that the trial judge did not abuse discretion in denying motions for a new trial, as alleged errors in counsel's conduct and evidentiary rulings were either harmless, provoked, or properly handled by the judge.
• Lake Cent. Airlines, Inc. v. Civil Aeronautics Bd.
  239 F.2d 46· D.C. Cir.· 1956-11-08 ·cited 12×
  The court held that the Civil Aeronautics Board's findings supporting the selection of North Central Airlines for a temporary air route were supported by substantial evidence and that the Board did not abuse its discretion in refusing to reopen the record.
• S. W. COE & Co. v. Dallman
  216 F.2d 566· 7th Cir.· 1954-11-10 ·cited 12×
  The court held that the Commissioner did not abuse his discretion in determining the reasonable addition to the taxpayer's reserve for bad debts, as the additions were adequate and supported by substantial evidence.
• Godfrey v. Powell
  159 F.2d 330· 5th Cir.· 1947-02-05 ·cited 12×·via Abuse Of Discretion Standard On Appeal
  The court held that the trial court did not abuse its discretion in denying interveners' claims for expenses and attorneys' fees.
• Ferraro v. Arthur M. Rosenberg Co. Inc.
  156 F.2d 212· 2d Cir.· 1946-06-26 ·cited 12×
  The court held that the trial judge did not abuse his discretion in denying the motion to open a default judgment and amend the bill of particulars, nor in striking the plaintiff's testimony that contradicted his earlier pleading.
• Hannan v. City OF Haverhill
  120 F.2d 87· 1st Cir.· 1941-05-29 ·cited 12×
  The court held that the denial of an interlocutory injunction was not an abuse of discretion because the plaintiffs had not demonstrated irreparable harm or applied for a permit.
• United States v. Tyvonne Wiley
  78 F.4th 1355· 11th Cir.· 2023-08-29 ·cited 11×
  The court held that a district court did not abuse its discretion by striking a juror for cause based on her religious beliefs and inability to confirm impartiality, and that law enforcement officers' identification testimony was not plain error as it did not affect substantial r
• Caplan v. All Am. Auto Collision, Inc.
  36 F.4th 1083· 11th Cir.· 2022-06-06 ·cited 11×
  The Eleventh Circuit affirmed the district court's reduction of attorney's fees, finding no abuse of discretion in the calculation or the application of an across-the-board reduction.
• McLaurin v. The Terminix Int'l Co., LP
  13 F.4th 1232· 11th Cir.· 2021-09-17 ·cited 11×
  The court held that a motion to confirm an arbitration award can be granted even if filed within the three-month period allowed for filing a motion to vacate, and that a district court does not abuse its discretion by striking a late-filed motion to vacate if the party failed to
• Brown v. Sec'y, U.S. Dep't of Health & Human Servs.
  4 F.4th 1220· 11th Cir.· 2021-07-14 ·cited 11×
  Landlords challenged a CDC eviction moratorium issued during the COVID-19 pandemic, arguing it exceeded the agency's statutory authority under 42 U.S.C. § 264(a) and that they would suffer irreparable harm from insolvent tenants unable to repay unpaid rent. The Eleventh Circuit a
• LAW Offs. of Alexander E. Borell, P.A. v. In re Jesus Cala Acevedo V. Herga Imperiod Noda
  322 So. 3d 1218· Fla. 3d DCA· 2021-07-14 ·cited 11×
  Law Offices of Alexander E. Borell appeals orders granting sanctions under Florida Statute section 57.105, denying relief from sanctions, and awarding attorney's fees and costs. The Third District Court of Appeal affirmed the attorney's fees award but reversed the costs award, fi
• Sellers v. Nationwide Mut. Fire Ins. Co.
  968 F.3d 1267· 11th Cir.· 2020-08-07 ·cited 11×
  The Eleventh Circuit held that when a federal court exercises diversity jurisdiction, it must apply the preclusion law of the state in which it sits, not federal common law. Therefore, the district court erred by applying federal rules of issue preclusion instead of Alabama's rul
• United States v. Surmondrea McGregor
  960 F.3d 1319· 11th Cir.· 2020-06-03 ·cited 11×
  The court held that the district court did not abuse its discretion in admitting evidence of a firearm found near PII, as it was relevant to establishing possession and its probative value was not substantially outweighed by unfair prejudice.
• Sweet v. State
  293 So. 3d 448· Fla.· 2020-02-27 ·cited 11×
  William Earl Sweet, a death row inmate, appealed the summary denial of his eighth successive motion to vacate his conviction and sentence for first-degree murder, challenging claims of Brady violations, spoliation of evidence, ineffective assistance of counsel, and actual innocen
• Bowles v. Desantis
  934 F.3d 1230· 11th Cir.· 2019-08-19 ·cited 11×
  Death row inmate Gary Ray Bowles challenged Florida's denial of his request to have federally appointed habeas counsel represent him in state clemency proceedings, arguing that 18 U.S.C. § 3599 created an enforceable federal right to such representation under 42 U.S.C. § 1983. Th