What is the standard of review for an appellate court’s decision on an interlocutory order?
In Kansas, the standard of review for an appellate court’s decision on an interlocutory order is a two-step process. The first step is de novo review, which is an independent examination of the lower court’s decision. This means that the court will assess the lower court’s ruling, weighing the evidence and legal reasoning to make an independent decision. The second step in the review process is abuse of discretion. This means that the appellate court will assess the decision of the lower court to determine if it was unreasonable or arbitrary. The court will also consider whether the lower court’s decision was affected by mistakes in the application of the law. This step is intended to ensure that the lower court’s decision was sound and within the court’s discretion. Ultimately, the appellate court will consider both the de novo review and the abuse of discretion in order to make its ruling. If the court finds that the lower court’s decision was improper or unjust, they may reverse the decision and provide their own ruling. However, if the court is satisfied with the lower court’s decision, they may affirm it and leave it as is.
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