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 Kansas has a specific scope of review that it follows when looking at trial court decisions, including decisions made to grant or deny a motion for summary judgment. Generally, the appellate court will not re-examine the evidence that the trial court has already looked at when it comes to a motion for summary judgment. Instead, the appellate court will only consider whether the trial court made an error in its application of the law or whether it abused its discretion when it made the decision. If the appellate court finds that the trial court made an error in its application of the law, then it will reverse the trial court’s decision and either grant or deny the motion for summary judgment itself. This is not to say that the appellate court will always intervene when it finds an error in the trial court’s application of the law. Instead, it will weigh all the facts to decide whether or not it was an error severe enough to overturn the trial court’s decision. In short, the appellate court’s scope of review for a trial court’s decision to grant or deny a motion for summary judgment is limited to reviewing whether or not the trial court made an error in its application of the law or abused its discretion when it made the decision. If the appellate court finds such an error, then it may reverse the trial court’s decision and grant or deny the motion for summary judgment itself.

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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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