What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?

The appellate court in Delaware has a limited scope of review when considering the decision of a trial court’s regarding granting or denying a motion for summary judgment. This limited scope of review includes determining whether the trial court committed an error of law, made a mistake of fact, or abused its discretion. The appellate court is not allowed to re-examine the facts of the case, review the credibility of the witnesses, or decide for itself if anything should have been granted or denied. The appellate court will only overturn a trial court’s decision if it is found to have committed an error of law or if it was an abuse of discretion. An abuse of discretion is found when the court has acted in an arbitrary or capricious manner. When the appellate court determines that errors have been made in the granting or denying of a motion for summary judgment, it will either remand the case with instructions to the trial court or it will reverse the decision of the trial court. The court may also send the case back to the trial court for further proceedings if it finds that the trial court made an error of law or abused its discretion. In summary, the Delaware appellate court has a limited scope of review for the trial court’s decision to grant or deny a motion for summary judgment. It will only review whether an error of law was made, a mistake of fact was made, or if the court abused its discretion. If any of these criteria are found, the appellate court will either remand or reverse the decision made by the trial court.

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What is the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment?

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