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

• Figueroa-Ruiz v. Alegria
  905 F.2d 545· 1st Cir.· 1990-06-13 ·cited 11×
  The court held that the district court's order denying a Rule 11 motion for sanctions was too ambiguous to allow for meaningful review and must be vacated and remanded.
• Heberling v. Joel Fleisher, M.D.
  563 So. 2d 1086· Fla. 4th DCA· 1990-05-30 ·cited 11×
  In a medical malpractice case arising from a patient's death following a car crash and emergency treatment for a ruptured spleen, the appellate court reversed a defense verdict, holding that the trial court erred in excluding the plaintiff's rebuttal expert testimony regarding br
• Sandoz Pharms. Corp. v. Richardson-Vicks, Inc.
  902 F.2d 222· 3d Cir.· 1990-04-24 ·cited 11×
  A Lanham Act plaintiff must prove that advertising claims are literally false or misleading to the public, not merely that they are inadequately substantiated under FDA guidelines.
• Pfaffko v. Pfaffko
  559 So. 2d 1204· Fla. 2d DCA· 1990-03-09 ·cited 11×
  In this dissolution of marriage case, the Florida appellate court affirmed the trial court's awards of alimony, child support, custody, and equitable distribution. The court held that the trial court did not abuse its discretion in basing support obligations on the standard of li
• McNICKLE v. Bankers Life & Cas. Co.
  888 F.2d 678· 10th Cir.· 1989-10-30 ·cited 11×
  The court held that the district court abused its discretion by denying a Rule 60(a) motion to correct an omission in its judgment regarding prejudgment interest. The court found that the omission was a clerical error that could be corrected under Rule 60(a).
• Mills v. Beech Aircraft Corp., Inc.
  886 F.2d 758· 5th Cir.· 1989-10-26 ·cited 11×
  The court held that the district court did not abuse its discretion in denying consolidation, changing venue, or in its evidentiary rulings and comments by counsel.
• Tobias J. Cotter v. Bowen
  879 F.2d 359· 8th Cir.· 1989-07-12 ·cited 11×
  The court held that the district court did not abuse its discretion in refusing to apply a multiplier to enhance the attorney's fee award under 42 U.S.C. § 406(b)(1), finding the lodestar calculation adequately compensated counsel.
• Kempe v. Ocean Drilling & Exploration Co.
  876 F.2d 1138· 5th Cir.· 1989-06-23 ·cited 11×
  A civil RICO complaint is not immune from the doctrine of forum non conveniens, and the district court did not abuse its discretion in dismissing the case in favor of Bermuda.
• Thompson-El v. Jones
  876 F.2d 66· 8th Cir.· 1989-06-01 ·cited 11×
  The court held that the trial court did not abuse its discretion in denying the appellant leave to file a second amended complaint, as the motion was untimely and would have caused undue delay and prejudice.
• Merritt v. Cnty. OF LOS Angeles
  875 F.2d 765· 9th Cir.· 1989-05-24 ·cited 11×
  The court held that the district court erred in denying the motion to amend based on federal notice requirements, and that the grant of judgment notwithstanding the verdict for the County was proper due to insufficient evidence of a policy of inadequate training.
• Rivera v. Gaspar Aldrich
  538 So. 2d 1390· Fla. 3d DCA· 1989-03-07 ·cited 11×·via Abuse Of Discretion Standard For New Trial Motions
  Rivera appeals a trial court order granting a new trial on both liability and damages in a chain-reaction collision case, arguing the new trial should be limited to damages alone. The court affirms, holding that liability was not unequivocally established and the jury's inconsist
• Herold v. Hajoca Corp.
  864 F.2d 317· 4th Cir.· 1988-12-22 ·cited 11×
  The court held that the trial court properly denied motions for summary judgment, directed verdict, and JNOV regarding compensatory damages, but correctly granted JNOV overturning the jury's award of liquidated damages.
• Bowman v. Koch Transfer Co.
  862 F.2d 1257· 6th Cir.· 1988-12-07 ·cited 11×
  The court held that Illinois law properly applied to damages in a wrongful death action, and the district court did not err in excluding evidence or rejecting jury instructions.
• United States v. Laurence Keiswetter
  860 F.2d 992· 10th Cir.· 1988-11-04 ·cited 11×
  The court held that an Alford guilty plea, entered by a defendant protesting innocence, is invalid without strong evidence presented at the plea taking to substantiate guilt.
• Introcaso v. Cunningham
  857 F.2d 965· 4th Cir.· 1988-09-27 ·cited 11×
  The court affirmed the award of attorney's fees against the plaintiff under 42 U.S.C. § 1988, but vacated the Rule 11 sanctions against counsel and remanded for further findings.
• Fiberglass Insulators, Inc. v. Dupuy
  856 F.2d 652· 4th Cir.· 1988-09-13 ·cited 11×
  Statements made by attorneys during settlement negotiations of prior related litigation are inadmissible under Federal Rule of Evidence 408 to prove liability in subsequent litigation arising from the same underlying transaction.
• United States v. Friesen
  853 F.2d 816· 10th Cir.· 1988-08-10 ·cited 11×
  The court held that a district court cannot order expunction of an arrest record without a factual showing of harm or "extreme circumstances."
• Rohrback v. Maxwell Dauer
  528 So. 2d 1362· Fla. 3d DCA· 1988-08-09 ·cited 11×
  In this civil appeal, Rohrback challenged the trial court's denial of his motion for new trial based on alleged improprieties in opposing counsel's final argument, as well as other evidentiary and instructional errors. The appellate court largely affirmed the trial court's judgme
• W.L. Bane, Jr. v. Sigmundr Exploration Corp.
  848 F.2d 579· 5th Cir.· 1988-06-30 ·cited 11×
  The court held that the bank's actions, including providing loans and including standard banking forms in investor packets, constituted routine banking transactions and did not amount to knowing and substantial assistance in a securities law violation.
• Enlace Mercantil Internacional, Inc. v. Senior Indus., Inc.
  848 F.2d 315· 1st Cir.· 1988-06-07 ·cited 11×·via Abuse Of Discretion Standard On Appeal
  The court held that unconditional dismissal with prejudice was an excessive sanction for failure to prosecute when the district court had unduly delayed ruling on a pending motion to quash service of process.
• Abu-Sahyun v. Palo Alto Unified Sch. Dist.
  843 F.2d 1250· 9th Cir.· 1988-04-08 ·cited 11×
  The court held that the district court abused its discretion by denying attorneys' fees based solely on the 'special circumstances' of the settlement occurring before the Handicapped Children's Protection Act was enacted.
• Willco Kuwait (Trading) S.A.K. v. Peter J. deSAVARY
  843 F.2d 618· 1st Cir.· 1988-04-07 ·cited 11×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the district court did not err in denying Willco's motion for a new trial on its fraud claim, nor in its evidentiary rulings, but remanded for a reduction in damages awarded on the breach of contract counterclaim.
• In re Beverly Mfg. Corp. v. Tavormina
  841 F.2d 365· 11th Cir.· 1988-03-28 ·cited 11×
  The court held that an attorney failed to establish a valid retaining lien on stock certificates because he did not prove lawful possession prior to bankruptcy, and that the bankruptcy court did not abuse its discretion in denying the attorney's fee petition due to its inadequacy
• Alaska Factory Trawler Ass'n v. Baldridge
  831 F.2d 1456· 9th Cir.· 1987-11-06 ·cited 11×
  The court affirmed the district court's grant of summary judgment, holding that Amendment 14 to the Gulf of Alaska Groundfish Fishing Management Plan was not promulgated in an arbitrary and capricious manner and did not violate the Magnuson Fishery Conservation and Management Act
• Bystrom v. Fla. Rock Indus., Inc.
  513 So. 2d 742· Fla. 3d DCA· 1987-10-06 ·cited 11×
  The Dade County Property Appraiser and Tax Collector appealed a trial court order setting an expert witness fee at $250, contending it was unreasonably low. The court agreed, holding that the fee failed to account for preparation time despite the appraiser's substantial work and
• Matalon v. Moshe Greifman
  509 So. 2d 985· Fla. 3d DCA· 1987-07-14 ·cited 11×·via Abuse Of Discretion Standard For New Trial Motions
  Matalon appeals the denial of his motion for a new trial in a case where he was found liable for negligence regarding diamonds consigned to him that were lost or stolen. Matalon argues the jury instructions on his affirmative defense of Greifman's connivance and trickery were mis
• Howard v. Mr. Leoneal Davis
  815 F.2d 1429· 11th Cir.· 1987-05-04 ·cited 11×·via Manifest Abuse Of Discretion
  The court held that the district court did not err in refusing to consider an unexhausted claim and that Howard's other claims lacked merit.
• Juluke v. Hodel
  811 F.2d 1553· D.C. Cir.· 1987-02-17 ·cited 11×
• Lepkowski v. United States Dep't of the Treas.
  804 F.2d 1310· D.C. Cir.· 1986-11-14 ·cited 11×
  The court held that the district court did not abuse its discretion in denying a motion for reconsideration under Rule 60(b)(1) when counsel failed to demonstrate excusable neglect for failing to file an opposition to a motion to dismiss.
• Cleonilde Nunes de Melo v. Lederle Labs.
  801 F.2d 1058· 8th Cir.· 1986-09-24 ·cited 11×
  The court held that the district court erred in dismissing the products liability claims on forum non conveniens grounds without sufficient evidence of an adequate alternative forum.
• Maryam Ghadessi v. Immigr. & Naturalization Serv.
  797 F.2d 804· 9th Cir.· 1986-08-19 ·cited 11×
  The court held that the Board of Immigration Appeals' (BIA) denial of reopening deportation proceedings was an abuse of discretion.
• Smith v. Am. Serv. Co. OF Atlanta, Inc.
  796 F.2d 1430· 11th Cir.· 1986-08-15 ·cited 11×
  The court held that a Title VII plaintiff's decision to attend cosmetology school was reasonable mitigation of damages, and that prejudgment interest on back pay should be redetermined based on NLRA practice.
• Plain Dealer Publ'g Co. v. City OF Lakewood
  794 F.2d 1139· 6th Cir.· 1986-07-10 ·cited 11×
• Donovan v. Mosher Steel Co.
  791 F.2d 1535· 11th Cir.· 1986-06-25 ·cited 11×
  The court held that the 'four corners' rule, limiting review to the warrant affidavit, does not apply to OSHA administrative inspection warrants based on neutral selection plans.
• Gergora v. Flynn
  486 So. 2d 5· Fla. 3d DCA· 1986-02-25 ·cited 11×
  E.M.R. Corporation and the Gergoras appealed a judgment rescinding their long-term lease due to material breaches. The Florida Third District Court of Appeal affirmed the rescission, rejecting arguments that the landlords waived their rights by accepting rent and that the trial c
• United States v. Acosta
  769 F.2d 721· 11th Cir.· 1985-08-26 ·cited 11×
  The trial court did not abuse its discretion in excluding the prior testimony of an allegedly unavailable witness.
• Zoltan Takacs v. Engle
  768 F.2d 122· 6th Cir.· 1985-07-23 ·cited 11×
  The Sixth Circuit held that the denial of counsel at a preliminary hearing is subject to harmless error analysis, and that a conviction based solely on uncorroborated accomplice testimony does not violate due process.
• United States v. Nigel D. Cottier
  759 F.2d 760· 9th Cir.· 1985-05-03 ·cited 11×
  The court held that the evidence was sufficient to establish unlawful entry into a military installation and that the exclusion of evidence regarding justification and necessity defenses was not an abuse of discretion.
• United States v. Lorick
  753 F.2d 1295· 4th Cir.· 1985-02-08 ·cited 11×·via Abuse Of Discretion Standard For Continuance
  The court held that Dobson was denied his constitutional right to proceed pro se, requiring reversal of his conviction, while affirming the convictions of the other appellants.
• Equal Emp. Opportunity Comm'n v. Orson H. Gygi Co., Inc.
  749 F.2d 620· 10th Cir.· 1984-12-10 ·cited 11×
  The court held that an attorney's simultaneous representation of a company and an individual who filed a discrimination charge against that company, without consent, violates professional responsibility rules and warrants disqualification.
• In re Brints Cotton Mktg., Inc. v. Langston
  737 F.2d 1338· 5th Cir.· 1984-08-06 ·cited 11×
  The bankruptcy court did not abuse its discretion by estimating the value of unliquidated "on-call" contracts as of the date the bankruptcy petition was filed, overriding state law rights to select a later date.
• Forehand v. First Ala. Bank OF Dothan
  727 F.2d 1033· 11th Cir.· 1984-03-19 ·cited 11×
  The district court did not abuse its discretion by abstaining from hearing the § 1983 claim pending resolution of state court proceedings.
• Rosaler v. Rosaler
  442 So. 2d 1018· Fla. 3d DCA· 1983-11-29 ·cited 11×
  Trial court properly exercised its discretion in limiting discovery of opposing counsel's work product and cross-examination regarding attorney fees in a dissolution of marriage case.
• Woodson McDANIEL v. Onkey
  422 So. 2d 70· Fla. 2d DCA· 1982-11-17 ·cited 11×
• United States v. Faison
  679 F.2d 292· 3d Cir.· 1982-05-14 ·cited 11×
  The court held that the trial court abused its discretion under Federal Rule of Evidence 804(a)(4) when admitting prior testimony, and that the Confrontation Clause, not the rule, requires specific findings on witness unavailability.
• Equitable Life Assurance Soc'y OF the United States v. Fairbanks
  400 So. 2d 550· Fla. 4th DCA· 1981-07-01 ·cited 11×
  Equitable Life Assurance Society appeals a trial court order granting a new trial in a negligence slip-and-fall case. The appellate court affirmed, finding the jury's verdict awarding only $5,000 in damages was against the manifest weight of evidence and reflected bias and prejud
• United States v. Holmes
  632 F.2d 167· 1st Cir.· 1980-10-21 ·cited 11×
  The court held that the defendant's statements were voluntary, the indictment was sufficient, photographs were properly admitted, and jury instructions were adequate.
• United States v. Corey
  625 F.2d 704· 5th Cir.· 1980-09-12 ·cited 11×
  The court held that the trial judge did not abuse his discretion in conducting voir dire or admitting expert testimony, and therefore the conviction is affirmed.
• Brown & Williamson Tobacco Corp. v. Daniel Int'l Corp.
  563 F.2d 671· 5th Cir.· 1977-11-18 ·cited 11×
  The court held that affiliated companies with an identity of interests can be represented by the same counsel, even if one impleads the other, as long as no actual conflict of interest exists.
• Phillips v. State
  351 So. 2d 738· Fla. 3d DCA· 1977-11-08 ·cited 11×
  Myrtle Phillips was convicted by jury of second-degree murder and sentenced to life imprisonment. On appeal, she challenged the trial court's admission of color photographs of the victim and exclusion of expert defense witnesses, but the appellate court affirmed the conviction, f