Abuse Of Discretion Standard On Appeal

197 Florida cases classified under this topic · sorted by citation count · browse and sort

• Hardy v. United States
  199 F.2d 704· 8th Cir.· 1952-11-10 ·cited 24×
  The admission of an exhibit for handwriting comparison, even if it incidentally reveals prior incarceration, is not an abuse of discretion if it is necessary to establish a material fact and does not render the trial unfair.
• United States v. Ospina
  739 F.2d 448· 9th Cir.· 1984-08-02 ·cited 23×
  The court held that the evidence was sufficient to support the convictions and that the challenged evidence was properly admitted.
• Kerr v. Quinn
  692 F.2d 875· 2d Cir.· 1982-11-04 ·cited 23×
  The court held that the district court erred in denying attorney fees because the plaintiff's civil rights claim was not so strong at the outset as to assure easy retention of counsel on a contingent basis.
• Wiladean R. Kuykendall v. Ervin G. Kuykendall
  301 So. 2d 466· Fla. 1st DCA· 1974-10-15 ·cited 22×
  In a dissolution of marriage case, the trial court vacated a final judgment that converted the parties' jointly-owned fish camp from tenancy by the entireties to tenancy in common. The appellate court reversed, holding that the appellee's mistaken understanding of the law and his
• Supermarkets Gen. Corp. v. Grinnell Corp.
  490 F.2d 1183· 2d Cir.· 1974-01-10 ·cited 22×
  The court held that the district court did not abuse its discretion in denying a belated request to opt out of a class action settlement, as the appellant's counsel had notice of the settlement negotiations and the appellant failed to demonstrate excusable neglect or substantial
• Geiger v. Allen
  850 F.2d 330· 7th Cir.· 1988-06-29 ·cited 21×
  The court held that the reinstatement of an action does not trigger a new 120-day period for service of process under Rule 4(j), and affirmed the dismissal for failure to serve within the original timeframe without good cause.
• Wade v. Orange Cnty. Sheriff's Off.
  844 F.2d 951· 2d Cir.· 1988-04-11 ·cited 21×
  The court held that a jury's verdict on common factual issues in legal claims precludes a contrary finding by the court on equitable claims, and that the denial of a new trial was not an abuse of discretion.
• Robert (Bobby) Smith v. Bounds
  813 F.2d 1299· 4th Cir.· 1987-03-18 ·cited 21×
  The court held that the district court did not abuse its discretion in ordering the establishment of a legal assistance program for inmates and in denying the defendants' motions for reconsideration.
• United States v. Carmichael
  726 F.2d 158· 4th Cir.· 1984-01-26 ·cited 21×
  The court held that the district court did not abuse its discretion in denying the motion for a new trial based on alleged newly discovered evidence and in denying the motion for recusal.
• Spiller v. U.S.V. Labs., Inc.
  842 F.2d 535· 1st Cir.· 1988-03-23 ·cited 20×
  The court held that the district court did not abuse its discretion in dismissing the case due to the plaintiff's repeated failure to comply with court orders and discovery obligations.
• Fla. E. Coast Ry. Co. v. Sanford Shulman
  481 So. 2d 965· Fla. 3d DCA· 1986-01-14 ·cited 20×
  The court held that the jury verdict was not against the manifest weight of the evidence and that the trial court did not abuse its discretion in allowing the plaintiff to amend his complaint.
• Altman v. Connally
  456 F.2d 1114· 2d Cir.· 1972-03-09 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the dismissal of the complaint.
• Peterson v. Term Taxi Inc. (sued herein as Terminal Taxi Inc.)
  429 F.2d 888· 2d Cir.· 1970-06-04 ·cited 20×
  The court held that dismissing a case for plaintiff's brief absence due to travel, when counsel was prepared and plaintiff was otherwise diligent, constituted an abuse of discretion, and the case should be reopened.
• Price v. Andrew "Duke" McGLATHERY, Jr.
  792 F.2d 472· 5th Cir.· 1986-06-12 ·cited 18×
  The court held that the district court did not abuse its discretion in dismissing the case due to the plaintiff's attorney's repeated failure to comply with court orders and failure to appear at a scheduled conference.
• United States v. Jankowski
  713 F.2d 394· 8th Cir.· 1983-08-05 ·cited 18×
  The court held that the evidence was sufficient to sustain the jury's verdicts and that the trial court did not abuse its discretion in its rulings.
• Square Constr. Co. & La Fera Contracting Co. v. Wash. Metro. Area Transit Auth.
  657 F.2d 68· 4th Cir.· 1981-08-17 ·cited 18×
  The court held that the district court abused its discretion in denying the motion to vacate the judgment, as the withholding of the Bechtel estimate constituted misconduct that prevented a fair presentation of the defense.
• United States v. Adams
  434 F.2d 756· 2d Cir.· 1970-11-18 ·cited 18×
  The court held that the trial judge did not abuse his discretion in denying the appellant's motion for severance, as the offenses were properly joined and the jury was instructed to consider each count separately.
• Janousek v. French
  287 F.2d 616· 8th Cir.· 1961-02-23 ·cited 18×
  The court held that the trial court did not abuse its discretion in denying plaintiffs' motions for continuance and dismissing their actions for failure to prosecute or comply with court rules.
• Emerson v. Nat'l Cylinder GAS Co.
  251 F.2d 152· 1st Cir.· 1958-01-15 ·cited 18×
  The court held that the district court did not err in finding that the Sinnett patent and Claim 9 of the second patent were not inventive over the prior art, and that the district court correctly dismissed a counterclaim for lack of a justiciable controversy.
• State v. Hossain Rajaee
  745 So. 2d 469· Fla. 5th DCA· 1999-11-19 ·cited 17×
  This dissenting opinion argues that the trial court did not abuse its discretion in setting aside a defendant's plea and conviction due to the defendant's mistaken belief about his citizenship and the severe consequences of deportation.
• Loryvette Jones v. State
  730 So. 2d 349· Fla. 4th DCA· 1999-03-17 ·cited 17×
  The court held that the evidence was insufficient to demonstrate a willful and substantial violation of probation, thus reversing the order of revocation.
• State v. Rice
  464 So. 2d 684· Fla. 5th DCA· 1985-03-07 ·cited 16×
  The State appealed a trial court's downward departure from the recommended sentencing guidelines for a second-degree murder conviction, but the appellate court affirmed the sentence.
• NEW York Petroleum Corp. v. Ashland OIL, Inc.
  757 F.2d 288· Temp. Emer. Ct. App.· 1985-01-22 ·cited 16×
  The court held that the district court did not abuse its discretion in denying leave to amend to add a counterclaim due to undue delay and prejudice, and that the action against the DOE was barred by failure to exhaust administrative remedies and res judicata.
• Division OF Administration v. Denmark
  354 So. 2d 100· Fla. 4th DCA· 1978-01-04 ·cited 16×
  The Florida Fourth District Court of Appeal affirmed an $85,000 attorney's fee award in a condemnation case where the property owner's attorney secured a $365,600 verdict, far exceeding the State's $117,000 offer. The court rejected the appellant State's argument that the fee was
• United States v. Burden
  497 F.2d 385· 8th Cir.· 1974-06-13 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and admitting expert testimony.
• Maizie Boling Edgar v. Finley
  312 F.2d 533· 8th Cir.· 1963-01-17 ·cited 16×
  The court held that the trial court erred in sustaining objections to interrogatories seeking witness information and abused its discretion in denying a new trial based on newly discovered evidence.
• Berry Kessler v. State
  752 So. 2d 545· Fla.· 1999-11-18 ·cited 15×
  Berry Kessler was convicted of first-degree murder and sentenced to death for killing his business partner John Deroo. The Florida Supreme Court reversed the conviction because the trial court failed to conduct individual and sequestered voir dire to screen prospective jurors ade
• Stone v. State
  616 So. 2d 1041· Fla. 4th DCA· 1993-03-17 ·cited 14×
  Mary Stone was convicted of attempted first degree murder and sought a new trial based on allegedly newly discovered evidence in the form of her victim's affidavit recanting her original testimony. The Florida appellate court affirmed the trial court's denial of the motion, holdi
• The State OF Alaska v. Native Vill. OF Venetie
  856 F.2d 1384· 9th Cir.· 1988-09-09 ·cited 14×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction, as the balance of hardships and public interest favored the appellees, and serious questions were raised regarding the appellants' tribal status and jurisdiction to tax.
• United States v. Mary M.M. Hoffner, M.D.
  777 F.2d 1423· 10th Cir.· 1985-12-02 ·cited 14×
  The court held that the trial court did not abuse its discretion in excluding lay opinion testimony regarding the defendant's intent and that the jury instructions on intent were adequate.
• Otoe Cnty. Nat'l Bank v. W & P Trucking, Inc.
  754 F.2d 881· 10th Cir.· 1985-02-11 ·cited 14×
  The court held that the automatic stay provision of 11 U.S.C. § 362(a) applies only to the debtor and not to co-debtors or guarantors, and that the trial court did not abuse its discretion in denying the guarantor's motion to vacate the default judgment.
• In re McBEE v. W. Tex. Wholesale Supply Co.
  714 F.2d 1316· 5th Cir.· 1983-09-22 ·cited 14×
  A UCC financing statement filed under a trade name is effective against a bankruptcy trustee if it is not 'seriously misleading' to a reasonably diligent subsequent creditor, and a non-complying bulk sale does not extinguish the transferor's creditors' security interests.
• Mertsching v. United States
  704 F.2d 505· 10th Cir.· 1983-04-12 ·cited 14×
  The court held that the Fifth Amendment right against self-incrimination does not apply to civil penalties under 26 U.S.C. § 6694, and thus the dismissal for failure to comply with discovery was not an abuse of discretion.
• TPM Constructors, Inc. v. Twin Coast Title, Inc.
  425 So. 2d 580· Fla. 5th DCA· 1982-12-22 ·cited 14×
  TPM Constructors appeals the trial court's denial of its motion to vacate a default judgment entered in favor of Twin Coast Title for breach of contract. The Fifth District Court of Appeal reversed, finding the trial court's order was devoid of explanation and may have been based
• Hotel & Rest. Emps. & Bartenders Int'l Union v. Rollison
  615 F.2d 788· 9th Cir.· 1980-01-11 ·cited 14×
  The court affirmed the district court's decisions, finding no abuse of discretion in granting a partial preliminary injunction, denying summary judgment, and deferring action pending administrative proceedings.
• Vindigni v. Meyer
  441 F.2d 376· 2d Cir.· 1971-03-26 ·cited 14×
  The court held that the district court erred in denying the motion to vacate dismissal without an evidentiary hearing, given the unusual circumstance of the plaintiff's attorney's disappearance.
• Poinsett Lumber & MFG. Co. v. Drainage Dist. NO. 7 OF Poinsett Cnty.
  119 F.2d 270· 8th Cir.· 1941-04-26 ·cited 14×
  The court held that the bankruptcy court did not abuse its discretion in denying a creditor leave to sue the debtor in state court, as the creditor was subject to the bankruptcy court's jurisdiction through proper notice and had failed to assert its claim or challenge its exclusi
• Dingle v. State
  654 So. 2d 164· Fla. 3d DCA· 1995-04-12 ·cited 12×
  Richard Dingle was convicted of first-degree murder and aggravated child abuse in the death of his girlfriend's baby. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by denying Dingle's motion to appoi
• Saffor v. State
  625 So. 2d 31· Fla. 1st DCA· 1993-09-15 ·cited 12×
  Appellant challenged his conviction for sexual battery on a child under 12, arguing the trial court erred in admitting evidence of a collateral crime involving a different victim because the crimes were not sufficiently similar. The court affirmed, holding that in familial sexual
• Wishart v. Leslie M. Bates (Boggs)
  531 So. 2d 955· Fla.· 1988-09-08 ·cited 12×
  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
• United States v. ST. John
  851 F.2d 1096· 8th Cir.· 1988-07-14 ·cited 12×
  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.
• United States v. Sherman
  821 F.2d 1337· 9th Cir.· 1987-06-22 ·cited 12×
  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
• Gladwin C. Lamb v. Commissioner OF Internal Revenue
  733 F.2d 86· 10th Cir.· 1984-05-04 ·cited 12×
  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.
• Marrese v. Am. Acad. OF Orthopaedic Surgeons
  706 F.2d 1488· 7th Cir.· 1983-05-11 ·cited 12×
  The court held that the district court did not commit clear error in refusing to postpone discovery of the Academy's application files.
• Freedson v. Commissioner OF Internal Revenue
  565 F.2d 954· 5th Cir.· 1978-01-10 ·cited 12×
  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. Fernandez
  428 F.2d 578· 2d Cir.· 1970-07-08 ·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, and that the plea was accepted in compliance with Rule 11.
• City OF N. Miami Beach v. Estes
  214 So. 2d 644· Fla. 3d DCA· 1968-10-15 ·cited 12×
  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
• Godfrey v. Powell
  159 F.2d 330· 5th Cir.· 1947-02-05 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying interveners' claims for expenses and attorneys' fees.
• Enlace Mercantil Internacional, Inc. v. Senior Indus., Inc.
  848 F.2d 315· 1st Cir.· 1988-06-07 ·cited 11×
  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.
• United States v. Wilburn
  549 F.2d 734· 10th Cir.· 1977-02-15 ·cited 11×
  The court held that the jury's verdict was supported by sufficient evidence, and the trial court did not err in admitting evidence, denying motions for acquittal, or in its jury instructions and communications.