Trace Your Case

ISSUE:

Can appellate courts interfere with interlocutory orders passed by lower courts?

RULE:

Except in cases where it can be demonstrated that the first instance court's discretion was used arbitrarily, capriciously, or perversely, or in cases where the court disregarded well-established legal rules governing the granting or refusing of interlocutory injunctions, the appellate court will not substitute its own discretion for the first instance court's discretion.

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