What is the standard of review for an appellate court’s decision on a motion to dismiss?

The standard of review for an appellate court’s decision on a motion to dismiss in Nebraska is de novo review. This means that the appellate court does not give any deference to the lower court’s decision and will review the motion to dismiss on its own merits. The appellate court will look at all the evidence and determine whether or not the motion should have been granted. If the appellate court finds that the motion should not have been granted then the case will be remanded to the lower court with instructions from the appellate court on how to proceed. De novo review is the highest standard of review and requires the appellate court to make its own independent findings of fact and conclusions of law. This includes looking at all the evidence and deciding whether or not the motion should be granted or denied. In order for the motion to be granted, the appellate court must find that there is no justiciable issue to be determined by the lower court. If the appellate court finds that there is still an issue that requires the lower court’s determination then the motion will be denied and the case will be remanded back to the lower court.

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What is the standard of review for an appellate court’s decision on a motion to dismiss?

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