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 West Virginia is limited. According to West Virginia Supreme Court of Appeals Rule 37.1, appellate review of a judgment granting or denying a motion for summary judgment is limited “to determining whether the trial court committed an error of law or abuse of discretion in finding that the case was ripe for summary judgment.” In other words, the appellate court cannot review the merits of the trial court’s decision to grant or deny the motion. The appellate court may also review other issues, such as whether the trial court properly considered evidence, whether it failed to consider relevant evidence, or if the trial court’s decision was not supported by the evidence presented. Additionally, the appellate court can consider the trial court’s legal reasoning if it was inconsistent with the applicable legal standard, or if it was arbitrary or capricious. Finally, the appellate court may consider whether the trial court failed to give proper instructions to the jury or misapplied applicable law. This type of review is limited to the record of the trial court and is conducted without deference to the trial court’s findings of fact. As such, the appellate court’s scope of review is limited and is typically restricted to legal issues.

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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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