CHAN V. CHAN (REMEDIAL)

GRAVE ABUSE OF DISCRETION implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in comtemplation of law as where the power is exercised in an arbitrary manner by reason of passion and hostility.