abuse of discretion standard in Wisconsin

25 Wisconsin opinions name it 2 courts 1970–2003 0 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

Case	Followed	Cited
In Interest of CWgreen wisctapp · 1987 · cited in 2 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. [19] In State v. Way, 113 Wis. 2d 82, 91 , 334 N.W.2d 918 (Ct. App. 1983), the court of appeals refused to reverse a *974 sentence on the ground that there was a factual error in the presentence report, stating that it found that there were "sufficient other facts presented in the record which would justify the trial court sentencing" as it did.	2	2
Green Spring Farms v. Kerstengreen wis · 1987 · cited in 2 Wisconsin opinions naming this issue, 1987–1988 2 sentences 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act	2	2
In RE MARRIAGE OF GERRITS v. Gerritsgreen wisctapp · 1992 · cited in 1 Wisconsin opinions naming this issue, 2003–2003 2 sentences 2003See Gerrits v. Gerrits, 167 Wis. 2d 429, 446 , 482 N.W.2d 134 (Ct. App. 1992). ¶ 36. 2003See Gerrits v. Gerrits, 167 Wis. 2d 429, 446 , 482 N.W.2d 134 (Ct. App. 1992). ¶ 36.	1	1
Davis v. United Statesgreen ca10 · 1999 · cited in 1 Wisconsin opinions naming this issue, 2002–2002 2 sentences 2002See, e.g., Davis v. United States, 192 F.3d 951, 957 (10th Cir. 1999) ("This court reviews ['necessary and/or indispensable' party] determinations under an abuse of discretion standard."); Makah Indian Tribe, 910 F.2d at 560 ("We conclude that the district court's determination that the absent tribes are indispensible to the Makah's claim for reallocation was not an abuse of discretion."). 2002We also observe that even though it espouses an abuse of discretion standard of review, the Tenth Circuit includes the caveat that "[underlying legal conclusions supporting Rule 19 determinations, however, are reviewed de novo." Davis, 192 F.3d at 957 .	1	1
Makah Indian Tribe v. C. William Veritygreen ca9 · 1990 · cited in 1 Wisconsin opinions naming this issue, 2002–2002 1 sentence 2002See, e.g., Davis v. United States, 192 F.3d 951, 957 (10th Cir. 1999) ("This court reviews ['necessary and/or indispensable' party] determinations under an abuse of discretion standard."); Makah Indian Tribe, 910 F.2d at 560 ("We conclude that the district court's determination that the absent tribes are indispensible to the Makah's claim for reallocation was not an abuse of discretion.").	1	1
Holman v. Family Health Plangreen wis · 1999 · cited in 1 Wisconsin opinions naming this issue, 1999–1999 1 sentence 1999See Holman v. Family Health Plan, 227 Wis. 2d at 482 . 5 This court, in City of Brookfield v. Milwaukee Metropolitan Sewerage District, 171 Wis. 2d 400, 423 , 491 N.W.2d 484 (1992), changed the abuse of discretion standard to an erroneous exercise of discretion standard.	1	1
City of Brookfield v. Milwaukee Metropolitan Sewerage Districtgreen wis · 1992 · cited in 1 Wisconsin opinions naming this issue, 1999–1999 2 sentences 1999See Holman v. Family Health Plan, 227 Wis. 2d at 482 . 5 This court, in City of Brookfield v. Milwaukee Metropolitan Sewerage District, 171 Wis. 2d 400, 423 , 491 N.W.2d 484 (1992), changed the abuse of discretion standard to an erroneous exercise of discretion standard. 1999See Holman v. Family Health Plan, 227 Wis. 2d at 482 . 5 This court, in City of Brookfield v. Milwaukee Metropolitan Sewerage District, 171 Wis. 2d 400, 423 , 491 N.W.2d 484 (1992), changed the abuse of discretion standard to an erroneous exercise of discretion standard.	1	1
Mulder v. Mittelstadtgreen wisctapp · 1984 · cited in 1 Wisconsin opinions naming this issue, 1996–1996 2 sentences 1996"The basis of all equitable rules is the principle of discretionary application." Id. at 115 , 352 N.W.2d at 228 (citations omitted). [2] Looking to federal law, the appellate standard of review in determining standing in shareholder derivative litigation is an abuse of discretion test, the counterpart to Wisconsin's "erroneous exercise of discretion" standard. 1996"The basis of all equitable rules is the principle of discretionary application." Id. at 115 , 352 N.W.2d at 228 (citations omitted). [2] Looking to federal law, the appellate standard of review in determining standing in shareholder derivative litigation is an abuse of discretion test, the counterpart to Wisconsin's "erroneous exercise of discretion" standard.	1	1
State v. Sibleygreen wisctapp · 1989 · cited in 1 Wisconsin opinions naming this issue, 1992–1992 2 sentences 1992This court will not question the trial court's ruling unless the abuse of discretion resulted in a procedure that was " 'so unnecessarily suggestive and conducive to irreparable mistaken identification' as to amount to a denial of due process of law." Id. at 230 , 444 N.W.2d at 392 (citations omitted). 1992This court will not question the trial court's ruling unless the abuse of discretion resulted in a procedure that was " 'so unnecessarily suggestive and conducive to irreparable mistaken identification' as to amount to a denial of due process of law." Id. at 230 , 444 N.W.2d at 392 (citations omitted).	1	1
In RE MARRIAGE OF ROELLIG v. Roelliggreen wisctapp · 1988 · cited in 1 Wisconsin opinions naming this issue, 1992–1992 2 sentences 1992See Roellig v. Roellig, 146 Wis. 2d 652, 655 , 431 N.W.2d 759, 760-61 (Ct. App. 1988). 1992See Roellig v. Roellig, 146 Wis. 2d 652, 655 , 431 N.W.2d 759, 760-61 (Ct. App. 1988).	1	1
Town of Medary v. City of La Crossegreen wisctapp · 1979 · cited in 1 Wisconsin opinions naming this issue, 1992–1992 2 sentences 1992See Town of Medary v. City of La Crosse, 88 Wis. 2d 101, 124 , 277 N.W.2d 310, 321 (Ct. App. 1979). 1992See Town of Medary v. City of La Crosse, 88 Wis. 2d 101, 124 , 277 N.W.2d 310, 321 (Ct. App. 1979).	1	1
State v. Pharrgreen wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 1992–1992 2 sentences 1992State v. Pharr, 115 Wis. 2d 334, 342 , 340 N.W.2d 498, 501 (1983). 1992State v. Pharr, 115 Wis. 2d 334, 342 , 340 N.W.2d 498, 501 (1983).	1	1
State v. City of La Crossegreen wisctapp · 1984 · cited in 1 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991State v. City of La Crosse, 120 Wis. 2d 263, 268 , 354 N.W.2d 738, 740 (Ct. App. 1984). 1991State v. City of La Crosse, 120 Wis. 2d 263, 268 , 354 N.W.2d 738, 740 (Ct. App. 1984).	1	1
Robertson-Ryan & Associates, Inc. v. Pohlhammergreen wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 1991–1991 2 sentences 1991Robertson-Ryan & Assocs. v. Pohlhammer, 112 Wis. 2d 583, 587 , 334 N.W.2d 246, 249 (1983). 1991Robertson-Ryan & Assocs. v. Pohlhammer, 112 Wis. 2d 583, 587 , 334 N.W.2d 246, 249 (1983).	1	1
State v. Outlawgreen wis · 1982 · cited in 1 Wisconsin opinions naming this issue, 1990–1990 2 sentences 1990See State v. Outlaw, 108 Wis. 2d 112, 114-15 , 321 N.W.2d 145,148 (1982). 1990See State v. Outlaw, 108 Wis. 2d 112, 114-15 , 321 N.W.2d 145,148 (1982).	1	1
State v. Oberlandergreen wis · 1989 · cited in 1 Wisconsin opinions naming this issue, 1989–1989 2 sentences 1989See id. at 140 , 438 N.W.2d at 583 .) We review this case under the abuse of discretion standard, as the supreme court did in Oberlander. 1989See id. at 140 , 438 N.W.2d at 583 .) We review this case under the abuse of discretion standard, as the supreme court did in Oberlander.	1	1
In Re Paternity of BWSgreen wis · 1986 · cited in 1 Wisconsin opinions naming this issue, 1989–1989 2 sentences 1989W.S., 131 Wis. 2d at 315, 388 N.W.2d at 622. 1989W.S., 131 Wis. 2d at 315, 388 N.W.2d at 622.	1	1
State v. Fishnickgreen wis · 1985 · cited in 1 Wisconsin opinions naming this issue, 1988–1988 2 sentences 1988State v. Fishnick, 127 Wis. 2d 247, 257 , 378 N.W.2d 272, 278 (1985). 1988State v. Fishnick, 127 Wis. 2d 247, 257 , 378 N.W.2d 272, 278 (1985).	1	1
Scarpaci v. Milwaukee Countygreen wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 1987–1987	1	1
Coffey v. City of Milwaukeegreen wis · 1976 · cited in 1 Wisconsin opinions naming this issue, 1987–1987 1 sentence 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act	1	1
Arnold v. Shawano County Agricultural Societygreen wis · 1983 · cited in 1 Wisconsin opinions naming this issue, 1987–1987 2 sentences 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act	1	1
Maynard v. City of Madisongreen wisctapp · 1981 · cited in 1 Wisconsin opinions naming this issue, 1987–1987 2 sentences 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act 1987Society, 111 Wis. 2d 203, 209 , 330 N.W.2d 773, 776 (1983), was expressly overruled in Green Spring Farms v. Kersten, 136 Wis. 2d 304, 317 , 401 N.W.2d 816, 821 (1987): "We now wish to clarify any existing ambiguity by unequivocally stating that ... [t]o the extent that the Arnold language may be construed so as to retain or advance the abuse of discretion standard ... that language is hereby withdrawn." We withdraw the similar statements in Hiltpold and Jones . 4 In Maynard v. City of Madison, 101 Wis. 2d 273, 282 , 304 N.W.2d 163, 168 (Ct. App. 1981), the court stated that quasi-judicial act	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
State v. MacEmon green wis · 1983 2 sentences 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. [19] In State v. Way, 113 Wis. 2d 82, 91 , 334 N.W.2d 918 (Ct. App. 1983), the court of appeals refused to reverse a *974 sentence on the ground that there was a factual error in the presentence report, stating that it found that there were "sufficient other facts presented in the record which would justify the trial court sentencing" as it did.	2	1991–1991
In Interest of CDM green wisctapp · 1985 2 sentences 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766.	2	1991–1991
Burkes v. Hales green wisctapp · 1991 2 sentences 1992Id. at 590 , 478 N.W.2d at 39 . 1992Id. at 590 , 478 N.W.2d at 39 .	1	1992–1992
State v. Miller green wis · 1991 2 sentences 1992State v. Miller, 160 Wis. 2d 646, 654 , 467 N.W.2d 118 (1991). 1992State v. Miller, 160 Wis. 2d 646, 654 , 467 N.W.2d 118 (1991).	1	1992–1992
Duhame v. Duhame green wisctapp · 1989 2 sentences 1992Duhame, 154 Wis. 2d at 263 , 453 N.W.2d at 151 ; Parge, 159 Wis. 2d at 178-79 , 464 N.W.2d at 218-19 . 1992Duhame, 154 Wis. 2d at 263 , 453 N.W.2d at 151 ; Parge, 159 Wis. 2d at 178-79 , 464 N.W.2d at 218-19 .	1	1992–1992
Parge v. Parge green wisctapp · 1990 2 sentences 1992Duhame, 154 Wis. 2d at 263 , 453 N.W.2d at 151 ; Parge, 159 Wis. 2d at 178-79 , 464 N.W.2d at 218-19 . 1992Duhame, 154 Wis. 2d at 263 , 453 N.W.2d at 151 ; Parge, 159 Wis. 2d at 178-79 , 464 N.W.2d at 218-19 .	1	1992–1992
State v. Way green wisctapp · 1983 2 sentences 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. [19] In State v. Way, 113 Wis. 2d 82, 91 , 334 N.W.2d 918 (Ct. App. 1983), the court of appeals refused to reverse a 974 sentence on the ground that there was a factual error in the presentence report, stating that it found that there were "sufficient other facts presented in the record which would justify the trial court sentencing" as it did. 1991Id., at 667 ; In Interest of C.D.M., 125 Wis. 2d 170, 176 , 370 N.W.2d 287 (Ct. App. 1985); C.W., 142 Wis. 2d at 766. [19] In State v. Way, 113 Wis. 2d 82, 91 , 334 N.W.2d 918 (Ct. App. 1983), the court of appeals refused to reverse a 974 sentence on the ground that there was a factual error in the presentence report, stating that it found that there were "sufficient other facts presented in the record which would justify the trial court sentencing" as it did.	1	1991–1991
State v. Hegwood green wis · 1983 1 sentence 1989Id.	1	1989–1989
American Orthodontics Corp. v. G & H Insurance Agency, Inc. green wis · 1977 2 sentences 1987Agency, Inc., 77 Wis. 2d 337, 343 , 253 N.W.2d 82 (1977). 1987Agency, Inc., 77 Wis. 2d 337, 343 , 253 N.W.2d 82 (1977).	1	1987–1987
State v. Upchurch green wis · 1981	1	1981–1981
State v. Bettinger green wis · 1981	1	1981–1981
Burke v. Poeschl Brothers, Inc. green wis · 1968	1	1970–1970

Statutes the citing opinions construe

WI § Wis. Stat. § 904.03 (5) WI § Wis. Stat. § 805.17 (4) WI § Wis. Stat. § 802.06 (3) WI § Wis. Stat. § 904.04 (3) WI § Wis. Stat. § 940.225 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 15264 (1977–2026) OH 6694 (1971–2026) CA 3798 (1957–2026) TN 3512 (1978–2026) IL 2286 (1898–2026) PA 2069 (1965–2026) WV 1906 (1994–2026) FL 1373 (1980–2026) NJ 1267 (1978–2026) MS 1162 (1990–2026) ID 1147 (1978–2026) AZ 951 (1957–2026) WA 864 (1970–2026) IN 844 (1976–2026) LA 730 (1984–2026) SD 685 (1982–2026) CT 648 (1975–2026) ND 645 (1982–2026) KS 624 (1966–2026) NC 603 (1981–2026) VA 564 (1991–2026) NM 554 (1985–2026) MN 524 (1983–2026) UT 521 (1927–2026) KY 500 (1988–2026) MD 498 (1972–2026) AR 434 (1989–2026) HI 423 (1983–2026) MI 402 (1973–2026) GA 323 (1930–2026) SC 293 (1982–2026) MO 288 (1979–2025) MA 266 (1974–2026) WY 262 (1983–2026) IA 200 (1947–2026) AK 198 (1974–2026) AL 181 (1981–2026) CO 177 (1978–2026) DE 145 (1979–2026) RI 134 (1989–2026) MT 132 (1983–2026) OK 119 (1992–2025) NV 118 (1979–2026) DC 106 (1976–2026) VT 76 (1964–2026) ME 65 (1980–2024) NE 60 (1991–2026) NY 51 (1978–2026) OR 50 (1996–2026) NH 45 (1987–2024) WI 25 (1970–2003) VI 21 (2004–2025) MP 7 (1990–2025) GU 3 (2021–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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