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 South Carolina is de novo review. This means that the appellate court reviews the motion to dismiss anew, without being bound by the trial court’s decision. The appellate court looks at the motion to dismiss as if it were the first to do so, and makes its own independent decision. When considering a motion to dismiss, the appellate court must view the evidence before it in the light most favorable to the non-moving party – the party against whom the motion is being made. This means that the appellate court is to take all of the evidence presented at face value, giving the non-moving party the benefit of any doubt. If, at the end of this review process, the court finds that the motion to dismiss should be granted, then the case will be dismissed. In South Carolina, the purpose of de novo review is to ensure that the non-moving party is given a fair chance to present their case. In cases involving motions to dismiss, the appellate court is charged with the important responsibility of being an independent reviewer, and making sure that all parties are treated fairly.

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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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