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

Appellate courts in Mississippi review the decision of a trial court to grant or deny a motion for summary judgment using a de novo standard of review. This means that the appellate court looks at the trial court’s decision as though the trial court never heard the case and makes its own independent review and evaluation of the evidence and arguments presented by the parties. The appellate court will also review the legal issues on appeal based on the applicable law-—both the law of Mississippi and applicable federal law. The appellate court may determine that the trial court correctly applied the law and properly found that no material facts were in dispute. Or the appellate court may disagree and find that the trial court made errors of law or fact, and reverse or modify the trial court’s decision. Ultimately, the appellate court’s scope of review in motion for summary judgment cases is to review the evidence and arguments as presented by the parties, apply the applicable law, and determine de novo whether the trial court’s decision was correct. If the appellate court disagrees with the trial court’s decision, it may reverse or modify the trial court’s decision and order a different outcome.

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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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