Opinion

Landon v. Jean-Paul Budinger, Inc.

  • 724 S.W.2d 931
  • 1987 Tex. App. LEXIS 6587
Court
Court of Appeals of Texas
Filed
Feb 11, 1987
Status
Published
Author
Aboussie
On the bench
Powers, Gammage, Aboussie
Cited by
160 cases

observing that the abuse-of-discretion standard also “protects to a limited degree the trial court’s ‘right’ to be wrong without suffering appellate revision” when the trial court’s error is not prejudicial or does not result in injury

How later courts described this case

  • observing that the abuse-of-discretion standard also “protects to a limited degree the trial court’s ‘right’ to be wrong without suffering appellate revision” when the trial court’s error is not prejudicial or does not result in injury
  • one factor to determine whether abuse of discretion has occurred is whether the appellate record reveals sufficient facts upon which the trial court could act rationally in an exercise of its discretion
  • “The better practice would have been for the trial court to state in the record its reasoning so that the parties particularly, but also the appellate court, might intelligently assess whether the trial court erred----”
  • describing ways in which a court can abuse its discretion

Written by the judges who cited it.

The opinion

ABOUSSIE, Judge,

concurring.

I concur in this Court’s judgment. The trial court, however, should not be required to explain its reasoning and decision-making process in reaching a result each time it exercises its discretion, or else that authority is erroded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.