In this case, the public respondent committed or acted with grave abuse of discretion
in issuing the assailed resolution granting a TRO against an appealable decision of the Office of the Ombudsman, when jurisprudence is clear on the matter and the principle as to the nature of such Ombudsman's decision is already settled.
The deleted phrase stating the courts can 'determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
it (Smart) has failed to show that the grant of the joint use of frequencies is contrary to law or is patent and gross as to amount to grave abuse of discretion
10) In the dissent, which called for an abuse of discretion
for all evidentiary decisions, Judge Raymond M.
they bore same burden to demonstrate an abuse of discretion
by the trial court.
1) While such orders have always been reviewed for abuse of discretion
, what constitutes an abuse of discretion
in these cases has evolved considerably over the years.
The Tax Court held that an IRS Appeals officer's decision in a collection due process hearing not to reinstate a taxpayer's offer in compromise after the taxpayer failed to meet a condition of the offer in compromise was not an abuse of discretion
The supreme court reviewed the trial court's decision under an abuse of discretion
The court rejected this argument; instead it held the appropriate review was for abuse of discretion
The appeals court held that the imposition of restitution in the amount $728,142 was not an abuse of discretion
On further appeal, the Court of Appeals reversed the Appellate Division, stating that "local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary or an abuse of discretion