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Issue: What is the scope of appellate review under Ohio law for an order granting summary judgment?
| Area of Law: | Litigation & Procedure |
| Keywords: | An order granting summary judgment; Scope of appellate review |
| Jurisdiction: | Ohio |
| Cited Cases: | 676 N.E.2d 1241; 676 N.E.2d 1263 |
| Cited Statutes: | None |
| Date: | 01/01/2000 |
tc l2 "A. Standard of Appellate Review
In reviewing a summary judgment the appellate court must independently review the record to determine if summary judgment was appropriate; the appellate court affords no deference to the trial court’s decision while making its own judgment. TA s "Hall v. Fort Frye Loc. Sch. Dist. Bd. of Educ., 111 " c 1 l "Hall v. Fort Frye Loc. Sch. Dist. Bd. of Educ., 111 Ohio App. 3d 690, 676 N.E.2d 1241 (4th Dist. 1996)"Hall v. Fort Frye Loc. Sch. Dist. Bd. of Educ., 111 Ohio App. 3d 690, 694, 676 N.E.2d 1241, 1244 (4th Dist. 1996). On its de novo review, the appellate court applies the same test as the trial court to determine if summary judgment is appropriate. TA s "Slone v. Aerospace Design & Fabrication, Inc., 111 O" c 1 l "Slone v. Aerospace Design & Fabrication, Inc., 111 Ohio App. 3d 725, 676 N.E.2d 1263 (8th Dist. 1996)"Slone v. Aerospace Design & Fabrication, Inc., 111 Ohio App. 3d 725, 733, 676 N.E.2d 1263, 1268 (8th Dist. 1996).
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