TBA Law Blog


Posted by: Kate Prince on Jan 28, 2020

The Supreme Court today reversed a decision from the Court of Appeals in a wrongful death case and reinstated the trial court’s pre-trial dismissal for lack of proof. The court explained that the standard appellate courts use to review motions to amend a judgement is called “abuse of discretion."When those decisions are appealed, appellate courts may only reverse if the trial judge “abused” his or her discretion. In this case, the court found that the Court of Appeals had substituted its judgement for that of the trial court and reinstated the trial court’s decision after finding it was not outside the “range of reasonableness."