abuse of discretion standard (Arkansas) · Go Syfert
← Arkansas issues

abuse of discretion standard in Arkansas

434 Arkansas opinions name it 2 courts 1989–2026 118 in the last five years

The cases below were cited by Arkansas 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 (31)

CaseFollowedCited
Grant v. Stategreen
ark · 2004 · cited in 21 Arkansas opinions naming this issue, 2007–2024
2 sentences

2024The abuse of discretion standard “is a high threshold that does not simply require error in the trial court’s decision, but requires that the trial court acted improvidently, thoughtlessly, or without due consideration.” Grant v. State, 357 Ark. 91, 93 , 161 S.W.3d 785, 786 (2004).

2024The abuse of discretion standard “is a high threshold that does not simply require error in the trial court’s decision, but requires that the trial court acted improvidently, thoughtlessly, or without due consideration.” Grant v. State, 357 Ark. 91, 93 , 161 S.W.3d 785, 786 (2004).

1121
Flanery v. Stategreen
ark · 2005 · cited in 10 Arkansas opinions naming this issue, 2006–2023
2 sentences

2023Flanery v. State, 362 Ark. 311 , 208 S.W.3d 187 (2005).

2023Flanery v. State, 362 Ark. 311 , 208 S.W.3d 187 (2005).

510
Nucor Corp. v. Kilmangreen
ark · 2004 · cited in 8 Arkansas opinions naming this issue, 2007–2013
2 sentences

2012See Nucor Corp. v. Kilman, 358 Ark. 107 , 186 S.W.3d 720 (2004) (stating that it is a question of law involv ing no discretion with the trial court when the appellant claims that the default judgment is void, and we therefore review the granting or denial of such a motion to set aside a default judgment using a de novo standard rather than an abuse-of-discretion standard).

2012See Nucor Corp. v. Kilman, 358 Ark. 107 , 186 S.W.3d 720 (2004) (stating that it is a question of law involv ing no discretion with the trial court when the appellant claims that the default judgment is void, and we therefore review the granting or denial of such a motion to set aside a default judgment using a de novo standard rather than an abuse-of-discretion standard).

48
Hawkins v. Stategreen
ark · 2002 · cited in 4 Arkansas opinions naming this issue, 2006–2017
2 sentences

2017See Hawkins v. State, 348 Ark. 384 , 72 S.W.3d 493 (2002).

2017See Hawkins v. State, 348 Ark. 384 , 72 S.W.3d 493 (2002).

44
Rodgers v. Stategreen
ark · 2004 · cited in 4 Arkansas opinions naming this issue, 2005–2024
2 sentences

2018E.g. , Maiden v. State , 2014 Ark. 294 , at 4, 438 S.W.3d 263 , 268 ; see also Rodgers v. State , 360 Ark. 24 , 27, 199 S.W.3d 625 , 627 (2004) (appellate courts review matters concerning the scope of cross-examination under an abuse-of-discretion standard).

2018E.g. , Maiden v. State , 2014 Ark. 294 , at 4, 438 S.W.3d 263 , 268 ; see also Rodgers v. State , 360 Ark. 24 , 27, 199 S.W.3d 625 , 627 (2004) (appellate courts review matters concerning the scope of cross-examination under an abuse-of-discretion standard).

34
Arkansas Department of Human Services v. Huffgreen
ark · 2002 · cited in 4 Arkansas opinions naming this issue, 2003–2008
2 sentences

2008See Arkansas Dep’t of Human Servs. v. Huff, 347 Ark. 553 , 65 S.W.3d 880 (2002).

2008See Arkansas Dep’t of Human Servs. v. Huff, 347 Ark. 553 , 65 S.W.3d 880 (2002).

34
Clark v. Stategreen
ark · 2008 · cited in 3 Arkansas opinions naming this issue, 2013–2014
33
Miller v. Leathersgreen
ark · 1992 · cited in 3 Arkansas opinions naming this issue, 1995–1995
33
Gulley v. Stategreen
ark · 2012 · cited in 9 Arkansas opinions naming this issue, 2015–2025
2 sentences

2025The case is all about one patient, and whether alleged negligence by multiple defendants rendering her medical care resulted in injuries in two causally related incidents. 1 Jon contends that we should sustain the default judgment regardless under the abuse- of-discretion standard unless the circuit court acted “improvidently, thoughtlessly, or without due consideration.” E.g., Gulley v. State, 2012 Ark. 368, at 10 , 423 S.W.3d 569, 576 (stating standard of review).

2025The case is all about one patient, and whether alleged negligence by multiple defendants rendering her medical care resulted in injuries in two causally related incidents. 1 Jon contends that we should sustain the default judgment regardless under the abuse- of-discretion standard unless the circuit court acted “improvidently, thoughtlessly, or without due consideration.” E.g., Gulley v. State, 2012 Ark. 368, at 10 , 423 S.W.3d 569, 576 (stating standard of review).

29
Creed v. Stategreen
ark · 2008 · cited in 6 Arkansas opinions naming this issue, 2015–2026
2 sentences

2021He asserts that he requested a continuance to hire new counsel stating that he had the funds to do so, he was prevented from hiring counsel sooner because the prison denied him access to the telephone, and he suffered prejudice “as he was forced to trial without counsel of his own choosing.” We review the denial of a motion for continuance under an abuse-of-discretion standard, and an appellant must demonstrate that the circuit court’s abuse of its discretion resulted in prejudice amounting to a denial of justice. 7 Prejudice is not presumed. 8 Arkansas Rule of Criminal Procedure 27.3 provides

2021He asserts that he requested a continuance to hire new counsel stating that he had the funds to do so, he was prevented from hiring counsel sooner because the prison denied him access to the telephone, and he suffered prejudice “as he was forced to trial without counsel of his own choosing.” We review the denial of a motion for continuance under an abuse-of-discretion standard, and an appellant must demonstrate that the circuit court’s abuse of its discretion resulted in prejudice amounting to a denial of justice. 7 Prejudice is not presumed. 8 Arkansas Rule of Criminal Procedure 27.3 provides

26
Chatmon v. Stategreen
ark · 2015 · cited in 5 Arkansas opinions naming this issue, 2015–2024
2 sentences

2024Winters v. State, 301 Ark. 127, 133 , 782 S.W.2d 566 , 569–70 (1990); see also Chatmon v. State, 2015 Ark. 28, at 10 , 467 S.W.3d 731, 737 .

2024Winters v. State, 301 Ark. 127, 133 , 782 S.W.2d 566 , 569–70 (1990); see also Chatmon v. State, 2015 Ark. 28, at 10 , 467 S.W.3d 731, 737 .

25
Maxxi L. Brooks v. State of Arkansasgreen
arkctapp · 2019 · cited in 3 Arkansas opinions naming this issue, 2021–2022
23
Jonesboro Healthcare Center, LLC v. Eaton-Moery Environmental Services, Inc.green
ark · 2011 · cited in 3 Arkansas opinions naming this issue, 2012–2013
23
AJ & K Operating Co., Inc. v. Smithgreen
ark · 2004 · cited in 3 Arkansas opinions naming this issue, 2005–2007
23
Webb v. Lambertgreen
ark · 1988 · cited in 2 Arkansas opinions naming this issue, 2024–2024
22
Shaffer v. Stategreen
arkctapp · 2018 · cited in 2 Arkansas opinions naming this issue, 2023–2023
22
Flando Montgomery v. State of Arkansasgreen
arkctapp · 2022 · cited in 2 Arkansas opinions naming this issue, 2022–2022
22
Hortenberry v. Stategreen
ark · 2017 · cited in 9 Arkansas opinions naming this issue, 2018–2025
2 sentences

2025Hortenberry v. State, 2017 Ark. 261 , 526 S.W.3d 840 .

2025Hortenberry v. State, 2017 Ark. 261 , 526 S.W.3d 840 .

19
Ward v. Dapper Dan Cleaners and Laundry, Inc.green
ark · 1992 · cited in 8 Arkansas opinions naming this issue, 1995–2020
2 sentences

1998The Supreme Court reviews a trial court's determination of whether a violation of this rule occurred under an abuse-of-discretion standard. *251 Ward v. Dapper Dan Cleaners & Laundry, Inc., 309 Ark. 192 , 828 S.W.2d 833 (1992).

1998The Supreme Court reviews a trial court's determination of whether a violation of this rule occurred under an abuse-of-discretion standard. *251 Ward v. Dapper Dan Cleaners & Laundry, Inc., 309 Ark. 192 , 828 S.W.2d 833 (1992).

18
Smith v. Stategreen
ark · 2003 · cited in 6 Arkansas opinions naming this issue, 2005–2011
2 sentences

2008We review a denial of a motion for continuance under an abuse-of-discretion standard, see, e.g., Smith v. State, 352 Ark. 92 , 98 S.W.3d 433 (2003), and an appellant must demonstrate that the trial court’s abuse of its discretion resulted in prejudice amounting to a denial of justice.

2008We review a denial of a motion for continuance under an abuse-of-discretion standard, see, e.g., Smith v. State, 352 Ark. 92 , 98 S.W.3d 433 (2003), and an appellant must demonstrate that the trial court’s abuse of its discretion resulted in prejudice amounting to a denial of justice.

16
Hunter v. Runyangreen
ark · 2011 · cited in 4 Arkansas opinions naming this issue, 2014–2017
2 sentences

2015In Hunter v. Runyan, 2011 Ark. 43 , 382 S.W.3d 643 , this court stated: Permissive intervention is a matter within the circuit court’s discretion and is subject to the abuse-of-discretion standard of review.

2015In Hunter v. Runyan, 2011 Ark. 43 , 382 S.W.3d 643 , this court stated: Permissive intervention is a matter within the circuit court’s discretion and is subject to the abuse-of-discretion standard of review.

14
Collins v. Hintongreen
ark · 1997 · cited in 4 Arkansas opinions naming this issue, 2007–2016
2 sentences

2016Crowell v. Barker, 369 Ark. 428 , 255 S.W.3d 858 (2007) (citing Collins v. Hinton, 327 Ark. 159 , 937 S.W.2d 164 (1997)).

2016Crowell v. Barker, 369 Ark. 428 , 255 S.W.3d 858 (2007) (citing Collins v. Hinton, 327 Ark. 159 , 937 S.W.2d 164 (1997)).

14
Sims v. Mosergreen
ark · 2008 · cited in 4 Arkansas opinions naming this issue, 2009–2014
2 sentences

2014Sims v. Moser, 373 Ark. 491 , 284 S.W.3d 505 (2008).

2014Sims v. Moser, 373 Ark. 491 , 284 S.W.3d 505 (2008).

14
Tobacco Superstore, Inc. v. Darroughgreen
ark · 2005 · cited in 3 Arkansas opinions naming this issue, 2022–2026
13
Desoto Gathering Co. v. Hillgreen
ark · 2018 · cited in 3 Arkansas opinions naming this issue, 2021–2026
13
Green v. Alpharma, Inc.green
ark · 2008 · cited in 3 Arkansas opinions naming this issue, 2011–2025
13
City of North Little Rock v. Pfeifergreen
ark · 2017 · cited in 3 Arkansas opinions naming this issue, 2018–2024
13
Threadgill v. Stategreen
ark · 2002 · cited in 3 Arkansas opinions naming this issue, 2006–2019
13
Cheqnet Systems, Inc. v. Montgomerygreen
ark · 1995 · cited in 3 Arkansas opinions naming this issue, 1998–2002
13
Seeco, Inc. v. Stewmongreen
ark · 2016 · cited in 2 Arkansas opinions naming this issue, 2019–2026
12
Lenard v. Kelleygreen
ark · 2017 · cited in 2 Arkansas opinions naming this issue, 2020–2026
12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (49)

CaseCitedYears
Ferguson v. State neutral
ark · 2016
2 sentences

2025Ferguson v. State, 2016 Ark. 319 , 498 S.W.3d 733 .

2025Ferguson v. State, 2016 Ark. 319 , 498 S.W.3d 733 .

72018–2025
Baptist Health v. Murphy green
ark · 2006
2 sentences

2025Id.

2025Id.

62018–2025
Holland v. State green
ark · 2015
2 sentences

2019“The abuse-of-discretion standard is a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.” Holland v. State, 2015 Ark. 341, at 7 , 471 S.W.3d 179, 184 .

2019“The abuse-of-discretion standard is a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.” Holland v. State, 2015 Ark. 341, at 7 , 471 S.W.3d 179, 184 .

52016–2025
The Ballard Grp. Inc. v. BP Lubricants USA Inc. green
ark · 2014
2 sentences

2017As our supreme court noted in Ballard Group, Inc. v. BP Lubricants USA, Inc., 2014 Ark. 276 at 5 , 436 S.W.3d 445, 449 , [generally speaking, the granting of both a Rule 12(b)(6) dismissal and a Rule 41(b) dismissal are reviewed under the abuse-of-discretion standard.

2017As our supreme court noted in Ballard Group, Inc. v. BP Lubricants USA, Inc., 2014 Ark. 276 at 5 , 436 S.W.3d 445, 449 , [generally speaking, the granting of both a Rule 12(b)(6) dismissal and a Rule 41(b) dismissal are reviewed under the abuse-of-discretion standard.

52016–2023
Lone v. Koch neutral
arkctapp · 2015
2 sentences

2021The abuse-of-discretion standard is “a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.” Lone v. Koch, 2015 Ark.

2019The abuse- of-discretion standard is “a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.” Lone v. Koch, 2015 Ark.

52015–2021
Crowell v. Barker neutral
ark · 2007
2 sentences

2016Crowell v. Barker, 369 Ark. 428 , 255 S.W.3d 858 (2007) (citing Collins v. Hinton, 327 Ark. 159 , 937 S.W.2d 164 (1997)).

2016Crowell v. Barker, 369 Ark. 428 , 255 S.W.3d 858 (2007) (citing Collins v. Hinton, 327 Ark. 159 , 937 S.W.2d 164 (1997)).

52008–2016
Dunn v. Womack neutral
arkctapp · 2011
2 sentences

2026Dunn v. Womack, 2011 Ark.

2017Dunn v. Womack, 2011 Ark.

42013–2026
Layman v. Bone green
ark · 1998
2 sentences

2024Layman v. Bone, 333 Ark. 121 , 967 S.W.2d 561 (1998).

2001Just as Rule 55(a) states that a default judgment “may be entered” by the trial court, Rule 55(c) states that the court “may, upon motion, set aside a default judgment.” Therefore, the reasoning of Layman v. Bone, id., is applicable, and we apply an abuse-of-discretion standard in reviewing the trial court’s granting of a default judgment pursuant to Rule 55(c).

42001–2024
Steele v. Lyon green
arkctapp · 2015
2 sentences

2024Steele v. Lyon, 2015 Ark.

2020The abuse-of-discretion standard “is a high threshold that does not simply require error in the trial court’s decision, but requires that the trial court act improvidently, thoughtlessly, or without due consideration.” Id. (quoting Gully v. State, 2012 Ark. 368, at 10 , 423 S.W.3d 569, 576 ).

42016–2024
City of Jacksonville v. Smith green
· 2018
2 sentences

2021In determining whether to issue a preliminary injunction pursuant to Arkansas Rule of Civil Procedure 65, the circuit court must consider two issues: (1) whether irreparable harm will result in the absence of an injunction or restraining order and (2) whether the moving party has demonstrated a likelihood of success on the merits. 8 The appellate court reviews the grant of a preliminary injunction under an abuse-of-discretion standard. 9 In 8 City of Jacksonville v. Smith, 2018 Ark. 87 , 540 S.W.3d 661 . 9 Id. 11 considering an appeal of an order granting a preliminary injunction, the appellat

2021In determining whether to issue a preliminary injunction pursuant to Arkansas Rule of Civil Procedure 65, the circuit court must consider two issues: (1) whether irreparable harm will result in the absence of an injunction or restraining order and (2) whether the moving party has demonstrated a likelihood of success on the merits. 8 The appellate court reviews the grant of a preliminary injunction under an abuse-of-discretion standard. 9 In 8 City of Jacksonville v. Smith, 2018 Ark. 87 , 540 S.W.3d 661 . 9 Id. 11 considering an appeal of an order granting a preliminary injunction, the appellat

42021–2024
Scamardo v. State green
ark · 2013
2 sentences

2020The abuse-of-discretion standard ‘is a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.’ Nor will we reverse absent a showing of prejudice.” Scamardo v. State, 2013 Ark. 163, at 7 , 426 S.W.3d 900 , 904 (internal citations omitted).

2013The abuse-of-discretion standard “is a high threshold that does not simply require error in the circuit court’s decision, but requires that the circuit court act improvidently, thoughtlessly, or without due consideration.” Scamardo v. State, 2013 Ark. 163, at 7 , 426 S.W.3d 900 , (quoting Grant v. State, 357 Ark. 91, 93 , 161 S.W.3d 785, 786 (2004)).

42013–2020
Buckley v. State green
ark · 2002
2 sentences

2016Because this issue deals with evidentiary rulings by the trial court, which are subject to an abuse-of-discretion standard, the Buckley court held that such rulings “simply must be raised below before this court will consider them on appeal.” [Buckley v. State, 349 Ark. 53 , 76 S.W.3d 825 (2002)].

2016Because this issue deals with evidentiary rulings by the trial court, which are subject to an abuse-of-discretion standard, the Buckley court held that such rulings “simply must be raised below before this court will consider them on appeal.” [Buckley v. State, 349 Ark. 53 , 76 S.W.3d 825 (2002)].

42005–2016
Parker v. State green
ark · 1998
2 sentences

2003Arkansas Department of Human Services v. Huff, 347 Ark. 553 , 65 S.W.3d 880 (2002); *531 Parker v. State, 333 Ark. 137 , 968 S.W.2d 592 (1998).

2003Arkansas Department of Human Services v. Huff, 347 Ark. 553 , 65 S.W.3d 880 (2002); *531 Parker v. State, 333 Ark. 137 , 968 S.W.2d 592 (1998).

41999–2003
Risie Howard, as Special Administratrix of the Estate of Mrs. George Howard Jr. (Vivian) v. Baptist Health A/K/A Baptist Health Home Health Network Diamond Risk Insurance Company, LLC John Harris, M.D. Leah Willett, B.S.N., R.N., Individually Alicia Brucks, S.L.P., Individually And Brandy M. Cantwell, P.T., Individually green
ark · 2022
2 sentences

2026See, e.g., Stuart v. Walther, 2024 Ark. 41 , 686 S.W.3d 486 ; Howard v. Baptist Health, 2022 Ark. 214 , 654 S.W.3d 809 ; Turnbow v. Hiegel Bldg.

2026See, e.g., Stuart v. Walther, 2024 Ark. 41 , 686 S.W.3d 486 ; Howard v. Baptist Health, 2022 Ark. 214 , 654 S.W.3d 809 ; Turnbow v. Hiegel Bldg.

32023–2026
Baumann v. State green
arkctapp · 2018
2 sentences

2026Baumann v. State, 2018 Ark.

2026Baumann v. State, 2018 Ark.

32025–2026
Montrell Dashone Ventry v. State of Arkansas green
ark · 2021
32022–2025
Vance v. State green
ark · 2011
32024–2024
HARRY McDERMOTT AND ANGELA BLEVINS v. JAMES M. CLINE, INDIVIDUALLY AND AS TRUSTEE OF THE JAMES M. CLINE AND SUSAN CLINE TRUST neutral
arkctapp · 2019
32020–2023
Tristan Tiarks v. State of Arkansas green
arkctapp · 2021
32022–2023
Maiden v. State green
ark · 2014
32018–2021
Dickey v. State green
ark · 2016
32010–2019
Davis v. Williamson green
ark · 2004
32006–2017
Billabong Products, Inc. v. Orange City Bank green
ark · 1983
32011–2016
Estate of Coan v. Gaughan neutral
arkctapp · 2010
32011–2012
Harris v. City of Fort Smith green
ark · 2006
32007–2010
Williams v. Martin green
ark · 1998
31999–2004
Hill v. State green
arkctapp · 2015
22018–2025
Haskins v. State green
arkctapp · 2013
22021–2025
Frederick R. Potter, Individually and as Trustee of the Frederick R. Potter Revocable Trust Established September 10, 2004, and as Trustee of the Fred Potter Revocable Trust Established July 10, 2013 v. Cassaundra Holmes, Individually and as Trustee of the Betty L. Potter Revocable Trust Established September 10, 2004, and Thomas Wright and Kevin Wright green
arkctapp · 2020
22024–2025
Timothy Justin Joyner v. State of Arkansas neutral
ark · 2021
22023–2025
Winters v. State green
ark · 1990
22024–2024
JOHN THURSTON, IN HIS OFFICIAL CAPACITY AS ARKANSAS SECRETARY OF STATE AND LESLIE RUTLEDGE, IN HER OFFICIAL CAPACITY AS ARKANSAS ATTORNEY GENERAL v. SAFE SURGERY ARKANSAS, A BALLOT QUESTION COMMITTEE AND DR. LAURIE BARBER, INDIVIDUALLY AND ON BEHALF OF SAFE SURGERY ARKANSAS green
ark · 2021
22023–2024
Irvin v. State green
ark · 2001
22016–2024
Corbin v. Baptist Health, Inc. neutral
arkctapp · 2016
22018–2024
Park Apartments At Fayetteville, LP v. Plants neutral
ark · 2018
22024–2024
Bobby Kellensworth v. State of Arkansas green
ark · 2021
22024–2024
Larimore v. State green
ark · 1994
21996–2023
Eric Jerome Lacy v. State of Arkansas neutral
arkctapp · 2020
22020–2023
Ellis v. State green
ark · 2012
22019–2022
Tarver v. State green
ark · 2018
22019–2022

Statutes the citing opinions construe

AR § Ark. Code Ann. § 16 (18) AR § Ark. Code Ann. § 5-14-101 (15) AR § Ark. Code Ann. § 5-14-103 (14)

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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