Can an appellate court substitute the judgment of the trial judge for that of the appellate judge?

California, United States of America


The following excerpt is from Interstate Marina Development Co. v. County of Los Angeles, 155 Cal.App.3d 435, 202 Cal.Rptr. 377 (Cal. App. 1984):

"An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge. To be entitled to relief on appeal from the result of an alleged abuse of discretion it must clearly appear that the injury resulting from such a wrong is sufficiently [155 Cal.App.3d 444] grave to amount to a manifest miscarriage of justice; ..." (Brown v. Newby (1940) 39 Cal.App.2d 615, 618, 103 P.2d 1018.)

We find no abuse of discretion by the trial court in its rulings here.

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