This case has been cited 2 times or more.
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2007-09-03 |
GARCIA, J. |
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| Time and again, this Court has ruled that the matter of the issuance of a writ of preliminary injunction is addressed to the sound discretion of the trial court; the exercise of such discretion by the trial court is generally not interfered with save in cases of manifest abuse.[24] The general rule, therefore, and indeed one of the fundamental principles of appellate procedure is that decisions of a trial court which "lie in discretion" will not be reviewed on appeal, whether the case be civil or criminal, at law or in equity.[25] | |||||
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2002-04-29 |
MENDOZA, J. |
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| The general rule, and indeed a fundamental principle of appellate procedure, is that decisions of a trial court which lie in its discretion will not be set aside on appeal. This is true whether the case is civil or criminal, and whether the case is one at law or in equity. But where the exercise of discretionary power by an inferior court affects adversely the substantial rights of a litigant, the exercise of such discretion becomes a proper subject of review on appeal. Affirmative relief will be granted upon a clear showing of a grave abuse of discretion. After all, the discretion conferred upon trial courts is a sound discretion which should be exercised with due regard to the rights of the parties and the demands of equity and justice.[27] | |||||