CIVIL PROCEDURE – Judicial Discretion – Appellate Interference Only Where Discretion Is Not Exercised Judicially and Judiciously

Appellate courts defer to trial court discretion. Interference requires demonstration that discretion was not exercised judicially. The appellant must show mala fides, arbitrariness, illegality, or consideration of extraneous matters. The rule applies to all discretionary decisions. The appellate court will not substitute its own discretion.…