Abuse of Discretion: What Does it Mean?

  In law school we learned the value of reading dissenting opinions. If you have ever wondered what “abuse of discretion” means and how to convince an appellate judge that a trial court abused its discretion – or how to convince a trial judge in the first instance how discretion should be exercised – this concurring and dissenting opinion by Justice Rubin in Gaines v. Fidelity National Title is worthwhile reading. The bookmark is at page 27.