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’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment in Florida is de novo review. De novo review means that the appellate court will review the entire record to determine if the trial court correctly decided the issue. The appellate court will consider all the evidence presented before the trial court to determine whether the trial court made the right decision in either granting or denying the motion for summary judgment. The appellate court will not give any deference to the trial court’s decision but instead determine whether the trial court correctly applied the law to the facts of the case. The appellate court will also review the trial court’s reasoning behind its decision and determine whether the trial court was legally correct or incorrect. Ultimately, the appellate court’s scope of review for a motion for summary judgment will depend upon whether the issues to be decided are matters of law or mixed fact and law. If it is a matter of law, then the appellate court will review the decision de novo but if it is a matter of mixed fact and law, then the appellate court will apply the more deferential standard of review.

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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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