What is the standard of review for an appellate court’s decision on an interlocutory order?

In Texas, the standard of review for an appellate court’s decision on an interlocutory order is the “abuse of discretion” standard. This means that the appellate court will review the lower court’s decision to see if it was reasonable and made in good faith. If the court did not act reasonably or acted in an arbitrary or capricious manner, then the appellate court will reverse the lower court’s decision. However, the appellate court will not substitute its judgment for the lower court’s unless the lower court’s decision was clearly outside the bounds of reasonableness. The “abuse of discretion” standard is used when the lower court’s decision is one that is based on the court’s subjective opinion. An example of this type of decision is the granting of a temporary injunction, which is a judicial order to prevent a party from taking certain actions until a dispute is resolved. In cases involving interlocutory orders, the appellate court reviews the lower court’s order to determine whether it was “arbitrary, capricious, or against the manifest weight of the evidence.” If the order was unreasonable or outside the bounds of reasonableness, then the appellate court will reverse the order.

Related FAQs

What is the difference between a discretionary and a non-discretionary appeal?
What is the scope of review for a state Supreme Court’s decision?
What is an interlocutory appeal?
How do I request a change of venue in an appeal?
What evidence is available to support an appeal?
How do I appeal a court decision?
What is the difference between a petition for rehearing and a petition for certiorari?
What are the time limits for filing an appeal?
What is the process for filing a petition for rehearing?
What is the role of the appellate court in determining the facts of a case?

What is the standard of review for an appellate court’s decision on an interlocutory order?

Related FAQs

Related Blog Posts