295) In sum, courts in Utah (1) review legal questions for correctness or legal error under a de novo review; (2) review questions of fact for clear error; and (3) review the final ruling on admissibility for abuse of discretion
A plain-text reading of this rule seems to indicate that the abuse of discretion
standard applies to each prong of the FNC framework.
However, because the Court describes its abuse of discretion
standard of review as a "unitary" standard, Koon fails to provide sufficient guidance to appellate courts regarding which aspects of the departure decision should be accorded substantial deference, and which should be subject to de novo review.
Orders resulting from those tangible examples of misconduct are less likely to result in an abuse of discretion
But abuse of discretion
can be interpreted as something that violates state law, Krattli noted; the city of Los Angeles has already made that argument about several LAFCO decisions.
This decision is not disturbed absent a clear showing of abuse of discretion
171) Judge Kethledge, in his dissent that urged appellate courts to use an abuse of discretion
standard for all evidentiary rulings, noted several cases from the First, Second, Fifth, Sixth, and Ninth Circuits, which explain that either a de novo or abuse of discretion
standard of review is used for hearsay rulings.
If there is a reasonable possibility the plaintiffs can cure the pleading by amendment, "the trial court has abused its discretion and the appellate court will reverse: if not, there has been no abuse of discretion
and we affirm.
Abuse of Discretion
Review in FNC and Class Certification Appeals B.
The appellate court reviews the trial court's rulings on discovery matters for an abuse of discretion
The court found no evidence in the record to support the Circuit Court's ruling that defense counsel's conduct during the trial substantially prejudiced the jury against the plaintiff Accordingly, the court reversed the order of the Circuit Court granting a new trial on that ground as an abuse of discretion
These standards are de novo, abuse of discretion
, and competent substantial evidence.