In law school we learned the value of reading dissenting opinions. If you have ever wondered what “abuse of discretion” means and how to convince an appellate judge that a trial court abused its discretion – or how to convince a trial judge in the first instance how discretion should be exercised – this concurring and dissenting opinion by Justice Rubin in Gaines v. Fidelity National Title is worthwhile reading. The bookmark is at page 27.