What circumstances are sufficient to overcome the general presumption of correctness usually afforded to a trial court's order?

California, United States of America


The following excerpt is from Smith v. Selma Cmty. Hosp., F057802, No. 05CECG02293 (Cal. App. 2010):

These circumstances are sufficient to overcome the general presumption of correctness usually afforded a trial court's order. (See Denham v. Superior Court (1970) 2 Cal.3d 557, 564 [presumption of correctness is a general principle of appellate practice].)

Except for the modifications set forth, the opinion previously filed remains unchanged. There is no change in the judgment.

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