Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Appellate Court Reversal Based on Abuse of Discretion

    A case of defamation and the United States District Court issued a preliminary injunction favoring the plaintiff. The ruling was appealed to the Appellate Court where they ruled in favor of the Defendant saying, "The district court abused its discretion in issuing the preliminary injunction."

    I know this is a vague post, but wanted to ask if this "Abuse of Discretion" ruling from the Appellate Court to the District Court is normal verbiage or if it is a severe reprimand against the Federal District Court Judge?

    Thanks,
    Chesty

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Appellate Court - Abuse of Discretion Ruling

    No judge likes to be reversed, but they were simply reciting the standard of review.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Appellate Court Reversal Based on Abuse of Discretion

    Quote Quoting chesty
    View Post

    I know this is a vague post, but wanted to ask if this "Abuse of Discretion" ruling from the Appellate Court to the District Court is normal verbiage or if it is a severe reprimand against the Federal District Court Judge?
    It is not a reprimand at all. The appellate courts use several different standards of review depending on what the appeal issue is. Abuse of discretion is one of those standards. All the appeals court is saying is that applying that standard of review the trial court judge got it wrong.

    1. Sponsored Links
       

Similar Threads

  1. Appeals: What Can You Do After the Appellate Court Rules Against You
    By In pro per in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 02-22-2013, 06:29 PM
  2. Post-Conviction Relief: California Appellate Court Decision Delays
    By Storm11 in forum Criminal Procedure
    Replies: 1
    Last Post: 01-19-2013, 11:11 AM
  3. Post-Conviction Relief: What Does an Appellate Court Do
    By garyS-NJ1 in forum Criminal Procedure
    Replies: 12
    Last Post: 03-08-2012, 11:19 AM
  4. Appeals: Appellate Court Mistakes
    By NewOrleansgirl2 in forum Civil Procedure
    Replies: 2
    Last Post: 03-03-2009, 12:46 PM
  5. Appellate Court's Consideration Of A Stay
    By tajelina in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-11-2008, 01:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources