Abuse of Discretion Pennsylvania
An abuse of discretion is defined as a misapplication of the law, a manifestly unreasonable exercise in judgment, or a final result that evidences partiality, prejudice, bias, or ill-will. Arrington v. Pennsylvania Liquor Control Board, 667 A.2d 439 (Pa. Cmwlth. 1995).
When there is no rational support in the record for a finding of fact, there has been a manifestly unreasonable error in judgment and, therefore, an abuse of discretion. Rosing, Inc. v. Pennsylvania Liquor Control Board, 690 A.2d 758, 760 (Pa. Cmwlth. 1997).
"As a general rule, the burden of proving circumstances warranting the exercise of the court's equitable powers is on the applicant, and the application to set aside a sheriff's sale may be refused because of the insufficiency of proof to support the material allegations of the application, which are generally required to be established by clear evidence." Bornman v. Gordon, 363 Pa. Super. 607, 527 A.2d 109, 111 (Pa. Super. 1987).