Tuesday, April 30, 2013

“The discretion of the trial court is, of course, subject to appellate review and correction where there has been a clear-cut abuse of discretion. In its exercise a judge may not be arbitrary or whimsical. We have held on a number of occasions that abuse of judicial discretion, as that term is ordinarily used, implied not merely an error in judgment, but perversity of will, passion or moral delinquency when such discretion is exercised to an end or purpose not justified by and clearly against, reason and evidence.” _________________________________________________________ Stayton v. Stayton, 211 Kan. 560, 561-62, 506 P.2d 1172 (1973)

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