Abuse Of Discretion Standard On Appeal

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

• Sec. & Exch. Comm'n v. Farm & Home Agency, Inc.
  270 F.2d 891· 7th Cir.· 1959-10-07 ·cited 11×
  The court held that a motion to vacate a consent judgment under Rule 60(b) is addressed to the court's discretion and will not be disturbed on appeal absent an abuse of discretion.
• Reyes v. State
  711 So. 2d 1378· Fla. 2d DCA· 1998-06-19 ·cited 10×
  Oscar Reyes appealed the revocation of his three-year probation for attempted sexual battery after he was found to have committed a burglary of an automobile in violation of his probation conditions. The appellate court affirmed the revocation, finding that the defendant had pres
• United States v. City OF Chicago
  796 F.2d 205· 7th Cir.· 1986-07-07 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the petitioners' motions to intervene, primarily due to untimeliness and the potential prejudice to ongoing litigation and operations.
• United States v. Green
  742 F.2d 609· 11th Cir.· 1984-09-24 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a continuance and dismissing his challenge to the jury venire because the defendant failed to comply with the statutory prerequisites for making such a challenge.
• In re Coordinated Pretrial Proceedings IN Petroleum Prods. Antitrust Litig. The State OF Fla. v. Kerr-McGEE Corp.
  669 F.2d 620· 10th Cir.· 1982-01-21 ·cited 10×
  The court held that a district court did not abuse its discretion in conditioning discovery from a nonparty on payment of reasonable costs incurred in production.
• United States v. Becklean
  598 F.2d 1122· 8th Cir.· 1979-05-14 ·cited 10×
  The court held that the district court did not abuse its discretion in denying defendants' motions to withdraw their guilty pleas.
• Dakota Wholesale Liquor, Inc. v. State OF Minn.
  584 F.2d 847· 8th Cir.· 1978-09-29 ·cited 10×
  The court affirmed the denial of a preliminary injunction, finding no abuse of discretion by the district court.
• Ross v. Ross
  341 So. 2d 833· Fla. 3d DCA· 1977-01-25 ·cited 10×
  In this dissolution of marriage case, the trial court awarded the wife lump sum alimony (the marital home, furnishings, and a new automobile), periodic alimony of $1,000 per month charged against the husband's estate, an equal division of joint assets, and attorney's fees. The hu
• Carlton v. United States
  391 F.2d 684· 8th Cir.· 1968-03-28 ·cited 10×
  The court held that the trial court properly admitted the officer's testimony and the seized evidence, and that grounds for suppression not raised at trial cannot be asserted on appeal.
• In re United Corp. Randolph Phillips & Joseph B. Hyman
  283 F.2d 593· 3d Cir.· 1960-11-01 ·cited 10×
  The court held that the District Court did not abuse its discretion by denying appellants' untimely request to file objections to the SEC's fee allowance application.
• Joseph Spine, P. A. v. Moulton
  326 So. 3d 1186· Fla. 2d DCA· 2022-06-29 ·cited 8×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• Quince Orchard Valley Citizens Ass'n, Inc. v. Hodel
  872 F.2d 75· 4th Cir.· 1989-04-07 ·cited 8×
  The court affirmed the denial of a preliminary injunction, finding the district court did not abuse its discretion by considering the plaintiffs' delay in bringing the action when balancing the harms.
• Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corp.
  843 F.2d 808· 4th Cir.· 1988-04-07 ·cited 8×
  The court held that the district court abused its discretion by failing to apply the correct legal standard when denying a motion to vacate a default judgment, specifically by not distinguishing between the attorney's neglect and the party's own actions.
• Herman v. Roosevelt Fed. Sav. & Loan Ass'n
  569 F.2d 1033· 8th Cir.· 1978-01-25 ·cited 8×
  The court affirmed the district court's findings regarding equal pay claims and the existence of a bona fide merit program, finding no clear error in the factual determinations.
• United States v. Orson G. White
  514 F.2d 205· D.C. Cir.· 1975-02-12 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying the motion to reconsider the suppression of evidence, as the proffered new evidence was cumulative and not diligently discovered.
• In re Penn Cent. Transp. Co. v. Penn Cent. Transp. Co.
  457 F.2d 381· 3d Cir.· 1972-03-17 ·cited 8×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction to continue operating the New York-Chatham passenger trains.
• Mrs. Dorothy Whitehead v. Salyer
  346 F.2d 207· 10th Cir.· 1965-05-24 ·cited 8×
  The court held that the evidence presented was insufficient to establish a prima facie case for exemplary damages, and the exclusion of the expert witness did not constitute reversible error.
• In re Jane DOE 13-A
  136 So. 3d 748· Fla. 1st DCA· 2014-04-11 ·cited 7×
• Lavender v. State
  889 So. 2d 882· Fla. 5th DCA· 2004-12-03 ·cited 7×
  Daryl Lavender, a sexually violent predator civilly committed under Florida's Jimmy Ryce Act, appealed the trial court's denial of his request for funds to authorize a penile plethysmograph and polygraph examination by his appointed independent expert. The Fifth District Court of
• Int'l Nikoh Corp. v. H. K. Porter Co., Inc.
  374 F.2d 82· 7th Cir.· 1967-01-05 ·cited 7×
  The court affirmed the denial of the motion for relief from judgment, finding no abuse of discretion by the trial court.
• Smith v. Daniel
  246 So. 3d 1279· Fla. 1st DCA· 2018-06-04 ·cited 6×
  A Florida trial court abuses its discretion by failing to accord full faith and credit to an unexpired domestic violence protection order from another state under 18 U.S.C. § 2265(a) and Florida law, and by awarding parenting time that directly contravenes the order's explicit te
• Robinson v. Nationwide Mut. Fire Ins. Co.
  887 So. 2d 328· Fla.· 2004-10-28 ·cited 6×
  The dissenting opinion argues there is no conflict between the Fourth District's decision and this Court's prior ruling in Mercer v. Raine.
• Colt Indus. Inc. v. Fidelco Pump & Compressor Corp. & Fidelco Equip. Corp.
  844 F.2d 117· 3d Cir.· 1988-04-08 ·cited 6×
  The court held that the distributorship agreement was a franchise under the New Jersey Franchise Practices Act because it granted a license to use a trade name and involved a community of interest.
• United States v. Guzzino
  766 F.2d 302· 7th Cir.· 1985-06-26 ·cited 6×
  The court held that a trial judge erred in denying media access to audio tapes based on concerns about potential inaccurate reporting or public misunderstanding due to the tapes' poor quality.
• Hart v. Commissioner OF Internal Revenue
  730 F.2d 1206· 8th Cir.· 1984-04-02 ·cited 6×
  The Tax Court did not abuse its discretion by dismissing the appellant's petition for failure to comply with a discovery order and for failing to appear at hearings.
• United States v. Myers
  692 F.2d 861· 2d Cir.· 1982-10-29 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the motion to extend the time for filing a notice of appeal.
• Skinner v. W. T. Grant Co.
  642 F.2d 981· 5th Cir.· 1981-04-17 ·cited 6×
  The court held that the purchase agreement for accounts receivable subjected the assignee (Federal Financial) to the assignor's (Grant's) potential liabilities for customer counterclaims, as specified in the agreement, despite the bankruptcy court's sale order.
• Hahn v. First Nat'l Bank OF Delray Beach
  345 So. 2d 345· Fla. 4th DCA· 1977-03-25 ·cited 6×
  The Fourth District Court of Appeal reversed a trial court's dismissal of an action for lack of prosecution, holding that the case did not qualify for dismissal under Florida Rule of Civil Procedure 1.420(e) because the plaintiff propounded interrogatories immediately before the
• League OF Voluntary Hosps. & Homes OF NEW York v. Local 1199
  490 F.2d 1398· Temp. Emer. Ct. App.· 1973-12-20 ·cited 6×
  The court held that the district court did not err in granting a preliminary injunction, adjudging the Union in civil contempt, and imposing fines, as the CLC regulations had a rational basis and the Union violated court orders.
• Am. Fam. Life Assurance Co. OF Columbus v. AETNA Life Ins. Co.
  446 F.2d 1178· 5th Cir.· 1971-08-13 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for a preliminary injunction.
• Stein v. Hemker. in re Embassy Co.
  157 F.2d 740· 8th Cir.· 1946-10-24 ·cited 6×
  The court held that the bankruptcy court did not abuse its discretion in limiting attorney fees, as the attorney failed to keep adequate records and the services provided did not demonstrably add significant value beyond what was compensated.
• In re Energy Coop., Inc.
  886 F.2d 921· 7th Cir.· 1989-09-28 ·cited 5×
  The court held that the bankruptcy court did not abuse its discretion in approving the settlement agreement, but agreed that the injunction issued was overbroad.
• Rahyns v. State
  752 So. 2d 617· Fla. 4th DCA· 1999-09-22 ·cited 4×
  Anthony Rahyns appeals his upward departure sentence for manslaughter, challenging whether firing a single shot into a crowd during a drive-by shooting could support a finding that the offense created a substantial risk of death or great bodily harm to many persons. The Florida a
• United States v. Best
  913 F.2d 1179· 7th Cir.· 1990-07-03 ·cited 4×
  The court held that the unauthorized placement of government exhibit binders into the jury room constituted reversible error because it created a reasonable possibility of affecting the jury's verdict, especially in a close case.
• Jensen v. Dole
  677 F.2d 678· 8th Cir.· 1982-05-14 ·cited 4×
  The court held that an appeal from the denial of a three-judge court is not immediately appealable unless the order is final or certified for interlocutory review. The denial of preliminary injunctive relief was affirmed.
• Hejl v. The State OF Tex.
  664 F.2d 1273· 5th Cir.· 1982-01-04 ·cited 4×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's action with prejudice due to a clear record of delay and contumacious conduct.
• Audiovisual Publishers, Inc. v. Cenco
  580 F.2d 50· 2d Cir.· 1978-07-19 ·cited 4×
  The court affirmed the denial of a motion to vacate a consent judgment, finding no abuse of discretion by the trial court.
• Burnett v. The Coleman Co.
  507 F.2d 726· 6th Cir.· 1974-12-10 ·cited 4×
  The court affirmed the district court's order of remittitur, finding it was not an abuse of discretion, but remanded to offer plaintiffs the choice of accepting the reduced award or a new trial.
• Specmade Prods., Inc. v. Barnett
  354 F.2d 229· 5th Cir.· 1966-01-12 ·cited 4×
  The court affirmed the district court's decision that the patents were invalid and the issue of infringement was moot, and also affirmed the denial of attorney fees.
• Stewart v. Hunter
  65 Fla. 325· Fla.· 1913-03-18 ·cited 4×
  In a partition suit, the trial court refused to confirm a sale of lands to J.T. Stewart for $600 and ordered a re-sale, which resulted in Stewart purchasing the same lands for $1,055. Stewart appealed the refusal to confirm the first sale and denial of his petition for rehearing.
• Phyliss Mascolo v. State
  774 So. 2d 827· Fla. 4th DCA· 2000-12-27 ·cited 3×
  Phyliss Mascolo was convicted of vehicular homicide in a two-car accident that resulted in a fatality. On appeal, she challenged the admission of her incriminating statement to a paramedic that she was the driver, and the trial court's refusal to issue a bench warrant for a missi
• The Placido Gardens Condo. Ass'n, Inc. v. Johnson
  563 So. 2d 826· Fla. 2d DCA· 1990-07-06 ·cited 3×
  The appellate court held that the trial court abused its discretion by granting a new trial based on disagreement with the jury's verdict, rather than a finding against the manifest weight of the evidence or improper jury influence.
• Frisch's Rest., Inc. v. Shoney's Inc.
  759 F.2d 1253· 6th Cir.· 1985-04-25 ·cited 3×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff failed to demonstrate a likelihood of success on the merits of its Lanham Act claim.
• McDONNEL v. United States
  D.D.C.· 1946-05-08 ·cited 3×
  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 Auto. Ins. Co. v. N. Shore Med. Ctr., Inc.
  Fla. 3d DCA· 2023-02-08 ·cited 2×
  A trial court's imposition of costs and attorney's fees after judgment is within its discretion and will not be disturbed on appeal absent clear abuse of that discretion, provided the order contains specific findings regarding hourly rate, hours expended, and any reduction or enh
• Halvert Swanson v. State
  823 So. 2d 281· Fla. 5th DCA· 2002-08-09 ·cited 2×
  The court held that the trial court did not err in admitting expert testimony regarding a child victim's confusion about anatomical terms and in finding no discovery violation.
• Kattan v. Dist. OF Columbia
  995 F.2d 274· D.C. Cir.· 1993-06-15 ·cited 2×
  The court held that the District of Columbia waived the issue of Mr. Kattan's eligibility for attorney's fees by not raising it timely.
• United States v. Wood
  877 F.2d 453· 6th Cir.· 1989-06-07 ·cited 2×
  The court held that the Government was a third-party creditor beneficiary to the property settlement agreement and could enforce Ms. Wood's promise to pay her husband's tax liability. The court also reversed in part, ordering a credit against the judgment for funds held by a rece
• Estle Smith v. Sec'y OF Health & Human Servs.
  776 F.2d 1330· 6th Cir.· 1985-11-15 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment because the motion was untimely under Rule 60(b)(1) and not applicable under Rule 60(b)(6).
• Britt v. Schenk
  769 F.2d 84· 2d Cir.· 1985-07-30 ·cited 2×
  The court should affirm the district court's injunction preventing the Corps from removing the Route 18 bridge until local assurances of replacement are received.