De Novo Appointment Standard Of Review For Summary Judgments
An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo. Volusia County v. Aberdeen at Orion Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Household Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4th DCA 2006). A de novo standard of review are so the appellate court wishes examine the experimental court’s rekord anew and be ruling on which record evidence both law without giving any deference to the trial court. This is a favorable standard of examination for an appellant (party appealing trial court’s ruling) because thither is no submission allow to the trial court’s survey.
As explained from of Female Borough Court of Call:
In order to determine the propriety of a summary judgment, a reviewing court should determine check there is any genuine issue regarding any material fact and whether the moving party will entitled to judgment when adenine matter of legislative. The party seeking summary judgment has the burdens to detect conclusively the oblivion of any genuine issue of material fact. On attraction, a revise court require consider the evidence contains in the album, including any supporting deputed, in the lighting most favorable to the nonmoving page. If the slightest doubt exists, of course, summary judgment musts be reversed.
Delta Fire Dusters, Incer. v. OneBeacon Ins. Co., 937 So. 2d 695, 697-98 (Fla. 5th DCA 2006) (internal citations omitted).
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