DE NOVO STANDARD OF REVIEW CASES



De Novo Standard Of Review Cases

What Standard Will the Court Use to Decide Your Case. De Novo – When an appeal is taken under a de novo standard of review, the case is given the least deference possible on appeal. Under the de novo standard, the appellate court reviews the evidence as though considering the matter for the first time, allowing the appeals court to substitute its own judgment about the application of the law to, On appeal, the parties disputed whether the court should review Humana’s factual determinations under an abuse-of-discretion standard—as the district court had done following Pierre—or under a de novo standard. Prior to the en banc review, a panel of the Fifth Circuit, applying Pierre, reviewed Humana’s factual determinations only for.

De Novo A guide to Duke Law School Durham life

The Supreme Court's New Standard of Appellate Review for. May 15, 2012 · Appellate lawyers think about arguments in terms of the applicable standard of review, as that is the lens the court will use to evaluate an appeal. There are four main standards of review: Under “de novo” review, an appellate court decides an appeal without any deference to …, Standards of Review. Users are strongly encouraged to read the cases and conduct independent research. These Outlines are updated by court staff annually at best and so, legislation may change and/or the cases cited may well have been amended, withdrawn or overruled..

Apr 20, 2015 · Based on this finding, the dissent continued, de novo review should be the standard of review for all aspects of a lower court’s patent claim construction, including factual determinations based upon any extrinsic evidence. Life Ins. Co. v. Glenn, treated de novo review as the general standard without limiting it to denials based on plan term interpretations. vii Further, one of the primary points made by Pierre was that trust law draws a distinction between judicial review of a trustee’s legal and factual decisions – a contention that has not withstood

Supreme Court Eases Standard of Appellate Review for Decisions of the U.S. Patent and Trademark Office. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. Obviously, the de novo standard of review is by far a much more favorable standard for disabled plaintiffs in ERISA LTD cases. However, it is not always possible for your long term disability lawyer to convince the court to apply this standard.

at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo … Every standard of review considers how the law applies to the facts. A de novo standard of review means that the appellate court gives no deference to the trial judges decisions of law. Purely legal questions are subject to de novo review.

Jan 20, 2015 · The United States Court of Appeals for the Federal Circuit has had a very long love affair with de novo review, a standard whereby the reviewing appellate court can simply do … This handbook is named De Novo, a Latin phrase that means “starting over.” In the law, de novo is the “standard of review” that a court uses when it wants to evaluate the facts of a case on appeal without accepting the findings of the lower court.

may well be a restrictive standard of review.5 More practically, appellate advocates must carefully assess standard of review issues because local rules in many appellate courts, including the Federal Circuit, require parties to state in their briefs the standard of review applicable to the issues presented.6 Federal Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine

On appeal, the parties disputed whether the court should review Humana’s factual determinations under an abuse-of-discretion standard—as the district court had done following Pierre—or under a de novo standard. Prior to the en banc review, a panel of the Fifth Circuit, applying Pierre, reviewed Humana’s factual determinations only for Standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. United States courts apply three standards of review namely, de novo review, arbitrary and capricious standard and clearly erroneous standard.

He argued that the loan contract was implied in fact. He also argued that the existence of an implied-in-fact contract was a question of law, which the appellate court should review de novo. [No discretion for the trial court decision.] The First District Illinois Appellate Court disagreed with … at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo …

Mar 03, 2011 · For federal appellate judges, that means that, if the standard of review is de novo, the court should think hard about the trial court opinion and reverse if the result seems wrong. Frye Motion Review – De Novo Plus. In In re Commitment of Simons, 213 Ill. 2d 523, 531 (2004), the court adopted a de novo “plus” standard of review for motions made under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), seeking to bar an expert’s opinion because it is not based on a

5th Circuit Joins Sister Circuits in Applying De Novo

de novo standard of review cases

Federal Circuit Upholds De Novo Standard of Review for. Mar 03, 2011 · For federal appellate judges, that means that, if the standard of review is de novo, the court should think hard about the trial court opinion and reverse if the result seems wrong., evidentiary rulings, and that the de novo/great deference standard applies to a different type of trial court ruling. It explained: Our decision in this case in no way affects this Court’s holdings in cases such as Montgomery. Montgomery sets out the standard by which appellate courts review trial ….

Inside Straight ‘Standard of Review Decides Cases. Federal Circuit Upholds De Novo Standard of Review for Claim Construction February 24, 2014 appeal, the Federal Circuit agreed that “voltage source means” is a means-plus-function term, but reversed the district court in finding that the specification did not contain the corresponding structure, and, evidentiary rulings, and that the de novo/great deference standard applies to a different type of trial court ruling. It explained: Our decision in this case in no way affects this Court’s holdings in cases such as Montgomery. Montgomery sets out the standard by which appellate courts review trial ….

Supreme Court Confirms Deferential Standard of Review for

de novo standard of review cases

STANDARDS OF REVIEW AND PREJUDICE AND HOW TO. may well be a restrictive standard of review.5 More practically, appellate advocates must carefully assess standard of review issues because local rules in many appellate courts, including the Federal Circuit, require parties to state in their briefs the standard of review applicable to the issues presented.6 Federal https://en.wikipedia.org/wiki/Trial_de_novo Apr 25, 2018 · Justice O’Donnell noted that of Ohio’s 12 appellate court districts, nine have applied a de novo review that is less deferential to a trial court’s decision, while three apply a more deferential “abuse of discretion” review. The opinion stated this was the first time the ….

de novo standard of review cases

  • Ninth Circuit Affirms De Novo Review In California Of
  • California Supreme Court Clarifies Scope of De Novo and
  • SUPREME COURT OF THE UNITED STATES

  • Supreme Court Eases Standard of Appellate Review for Decisions of the U.S. Patent and Trademark Office. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. Mar 16, 2018 · Life Ins. Co. v. Glenn, implicitly treated de novo review as the general standard of review without limiting the application of this standard to denials based on interpretation of plan terms. 4 Finally, although Pierre articulated public policy concerns about the courts’ ability to conduct de novo review of factual determinations, the Fifth

    A trial court may also hear a case de novo following the appeal of an arbitration decision. De novo review occurs when a court decides an issue without deference to a previous court's decision. Trial de novo occurs when a court decides all issues in a case, as if the case was being heard for the first time. no credibility to determine, however, independent review is synonymous with de novo review. (Id.) Applications of the De Novo/ Independent Standard of Review The most common application of the de novo standard of review occurs in cases involving questions of law arising from undisputed facts. (Ghirardo v. Antonioliz 8 Cal. 4th 791, 799 (1994).)

    at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo … This handbook is named De Novo, a Latin phrase that means “starting over.” In the law, de novo is the “standard of review” that a court uses when it wants to evaluate the facts of a case on appeal without accepting the findings of the lower court.

    Mar 03, 2011 · For federal appellate judges, that means that, if the standard of review is de novo, the court should think hard about the trial court opinion and reverse if the result seems wrong. us to determine what standard the Court of Appeals should use when it reviews a trial judge’s resolution of an underlying factual dispute. Should the Court of Appeals review the district court’s factfinding . de novo . as it would review a question of law? Or, should it review that fact-finding as …

    no credibility to determine, however, independent review is synonymous with de novo review. (Id.) Applications of the De Novo/ Independent Standard of Review The most common application of the de novo standard of review occurs in cases involving questions of law arising from undisputed facts. (Ghirardo v. Antonioliz 8 Cal. 4th 791, 799 (1994).) Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine

    A trial court may also hear a case de novo following the appeal of an arbitration decision. De novo review occurs when a court decides an issue without deference to a previous court's decision. Trial de novo occurs when a court decides all issues in a case, as if the case was being heard for the first time. For example, the de novo standard applies when issues of law predominate in the district court’s decision. Id. When a mixed question of law and fact is presented, the standard of review turns on whether factual matters or legal matters predominate.

    de novo standard of review cases

    evidentiary rulings, and that the de novo/great deference standard applies to a different type of trial court ruling. It explained: Our decision in this case in no way affects this Court’s holdings in cases such as Montgomery. Montgomery sets out the standard by which appellate courts review trial … at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo …

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    SUPREME COURT OF THE UNITED STATES

    de novo standard of review cases

    Federal Circuit Upholds De Novo Standard of Review for. Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine, May 15, 2012 · Appellate lawyers think about arguments in terms of the applicable standard of review, as that is the lens the court will use to evaluate an appeal. There are four main standards of review: Under “de novo” review, an appellate court decides an appeal without any deference to ….

    A Uniform Standard of Review in ERISA Benefit Denial Cases

    Unearthing Summary Judgment’s Concealed Standard of Review. De Novo Review Is Standard for Cases Under IDEA In a decision that cuts across nearly all cases filed under the Individuals with Disabilities in Education Act, the 3rd U.S. Circuit Court of, This handbook is named De Novo, a Latin phrase that means “starting over.” In the law, de novo is the “standard of review” that a court uses when it wants to evaluate the facts of a case on appeal without accepting the findings of the lower court..

    Mar 16, 2018 · Life Ins. Co. v. Glenn, implicitly treated de novo review as the general standard of review without limiting the application of this standard to denials based on interpretation of plan terms. 4 Finally, although Pierre articulated public policy concerns about the courts’ ability to conduct de novo review of factual determinations, the Fifth may well be a restrictive standard of review.5 More practically, appellate advocates must carefully assess standard of review issues because local rules in many appellate courts, including the Federal Circuit, require parties to state in their briefs the standard of review applicable to the issues presented.6 Federal

    Apr 25, 2018 · Justice O’Donnell noted that of Ohio’s 12 appellate court districts, nine have applied a de novo review that is less deferential to a trial court’s decision, while three apply a more deferential “abuse of discretion” review. The opinion stated this was the first time the … may well be a restrictive standard of review.5 More practically, appellate advocates must carefully assess standard of review issues because local rules in many appellate courts, including the Federal Circuit, require parties to state in their briefs the standard of review applicable to the issues presented.6 Federal

    On appeal, the parties disputed whether the court should review Humana’s factual determinations under an abuse-of-discretion standard—as the district court had done following Pierre—or under a de novo standard. Prior to the en banc review, a panel of the Fifth Circuit, applying Pierre, reviewed Humana’s factual determinations only for For example, the de novo standard applies when issues of law predominate in the district court’s decision. Id. When a mixed question of law and fact is presented, the standard of review turns on whether factual matters or legal matters predominate.

    Dec 14, 2014 · An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo.Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4 th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on Federal Circuit Upholds De Novo Standard of Review for Claim Construction February 24, 2014 appeal, the Federal Circuit agreed that “voltage source means” is a means-plus-function term, but reversed the district court in finding that the specification did not contain the corresponding structure, and

    Standards of the Standards of Review Lee Will Berry IV1 INTRODUCTION An effective standard of review is the hallmark of a healthy and properly functioning judicial system. The benchmark by which a judge or jury analyzes, and ultimately determines an outcome, is crucial to … Apr 20, 2015 · Based on this finding, the dissent continued, de novo review should be the standard of review for all aspects of a lower court’s patent claim construction, including factual determinations based upon any extrinsic evidence.

    Standards of the Standards of Review Lee Will Berry IV1 INTRODUCTION An effective standard of review is the hallmark of a healthy and properly functioning judicial system. The benchmark by which a judge or jury analyzes, and ultimately determines an outcome, is crucial to … Apr 25, 2017 · The Supreme Says the Right Standard is an Abuse of Discretion, Not De Novo. McLane v. EEOC challenged the Supreme Court to answer the question of whether a court of appeals should review a district court’s decision to enforce or quash an EEOC subpoena de novo or for abuse of discretion.

    decision on a motion for summary judgment under a de novo standard of review.1 In fact that commonly shared wisdom is only partially accurate. It is certainly the case that the standard of review for grants of summary judgment is, and should be, de novo. But, owing to the general rule against interlocutory appeals,2 the standard of review for Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine

    For example, the de novo standard applies when issues of law predominate in the district court’s decision. Id. When a mixed question of law and fact is presented, the standard of review turns on whether factual matters or legal matters predominate. De Novo – When an appeal is taken under a de novo standard of review, the case is given the least deference possible on appeal. Under the de novo standard, the appellate court reviews the evidence as though considering the matter for the first time, allowing the appeals court to substitute its own judgment about the application of the law to

    Additionally, in some areas of substantive law, such as when a court is reviewing a First Amendment issue, an appellate court will use a standard of review called "independent review." [citation needed] The standard is somewhere in between de novo review and clearly erroneous review. Under independent review, an appellate court will reexamine May 12, 2017 · In the subsequent legal action, the trial court “applied an abuse of discretion standard of review . . . rather than a de novo standard,” and affirmed the insurance company’s denial. In the Ninth Circuit, the insurer argued that the trial court decision should be affirmed because section 10110.6(a), a state law, is preempted by ERISA, a

    In Sierra Club v.County of Fresno (S219783), the California Supreme Court unanimously reaffirmed that the substantial evidence standard of review does not always apply when a lead agency prepares an environmental impact report (“EIR”) for a development project. Rather, the court determined that the less deferential de novo standard applies if the EIR’s discussion of a potentially 1994] Standard of Review nesses." 48 Findings of fact by a jury were protected by the Seventh Amendment and thus continued to be reviewed only as they had been at common law.49 Issues of law continued to be reviewed de novo. 50 In contrast to the federal government, the State of Washington

    Standards of Review. Users are strongly encouraged to read the cases and conduct independent research. These Outlines are updated by court staff annually at best and so, legislation may change and/or the cases cited may well have been amended, withdrawn or overruled. decision on a motion for summary judgment under a de novo standard of review.1 In fact that commonly shared wisdom is only partially accurate. It is certainly the case that the standard of review for grants of summary judgment is, and should be, de novo. But, owing to the general rule against interlocutory appeals,2 the standard of review for

    Dec 14, 2014 · An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo.Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4 th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on Standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. United States courts apply three standards of review namely, de novo review, arbitrary and capricious standard and clearly erroneous standard.

    Federal Circuit Upholds De Novo Standard of Review for. Apr 25, 2017 · The Supreme Says the Right Standard is an Abuse of Discretion, Not De Novo. McLane v. EEOC challenged the Supreme Court to answer the question of whether a court of appeals should review a district court’s decision to enforce or quash an EEOC subpoena de novo or for abuse of discretion., Their favorite standard of review is “de novo,” where the appellate court is on the same footing as the lower tribunal as to pure matters of law. Some common examples of issues reviewed de novo include summary judgment, dismissal of a complaint, and the interpretation of a statute or contract..

    The Supreme Court's New Standard of Appellate Review for

    de novo standard of review cases

    Unearthing Summary Judgment’s Concealed Standard of Review. De novo, which is Latin for “New Again”, review refers to the appellate court’s ability to review the trial court’s conclusions regarding the application of legal, not factual matters. An appellant will always benefit from a “De Novo” review because under this standard the appellate court gives no …, Their favorite standard of review is “de novo,” where the appellate court is on the same footing as the lower tribunal as to pure matters of law. Some common examples of issues reviewed de novo include summary judgment, dismissal of a complaint, and the interpretation of a statute or contract..

    Supremes end Federal Circuit love affair with de novo review

    de novo standard of review cases

    RECENT STANDARD OF REVIEW DECISIONS. "De novo" Standard De novo is a Latin phrase meaning "from the beginning." In de novo review, the appellate court does not defer to the decisions made in the trial court and looks at the issue as if the trial court had never ruled on it. https://en.wikipedia.org/wiki/Trial_de_novo no credibility to determine, however, independent review is synonymous with de novo review. (Id.) Applications of the De Novo/ Independent Standard of Review The most common application of the de novo standard of review occurs in cases involving questions of law arising from undisputed facts. (Ghirardo v. Antonioliz 8 Cal. 4th 791, 799 (1994).).

    de novo standard of review cases


    De Novo Review Is Standard for Cases Under IDEA In a decision that cuts across nearly all cases filed under the Individuals with Disabilities in Education Act, the 3rd U.S. Circuit Court of at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo …

    Supreme Court Eases Standard of Appellate Review for Decisions of the U.S. Patent and Trademark Office. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. Frye Motion Review – De Novo Plus. In In re Commitment of Simons, 213 Ill. 2d 523, 531 (2004), the court adopted a de novo “plus” standard of review for motions made under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), seeking to bar an expert’s opinion because it is not based on a

    evidentiary rulings, and that the de novo/great deference standard applies to a different type of trial court ruling. It explained: Our decision in this case in no way affects this Court’s holdings in cases such as Montgomery. Montgomery sets out the standard by which appellate courts review trial … 1994] Standard of Review nesses." 48 Findings of fact by a jury were protected by the Seventh Amendment and thus continued to be reviewed only as they had been at common law.49 Issues of law continued to be reviewed de novo. 50 In contrast to the federal government, the State of Washington

    1994] Standard of Review nesses." 48 Findings of fact by a jury were protected by the Seventh Amendment and thus continued to be reviewed only as they had been at common law.49 Issues of law continued to be reviewed de novo. 50 In contrast to the federal government, the State of Washington "De novo" Standard De novo is a Latin phrase meaning "from the beginning." In de novo review, the appellate court does not defer to the decisions made in the trial court and looks at the issue as if the trial court had never ruled on it.

    Every standard of review considers how the law applies to the facts. A de novo standard of review means that the appellate court gives no deference to the trial judges decisions of law. Purely legal questions are subject to de novo review. evidentiary rulings, and that the de novo/great deference standard applies to a different type of trial court ruling. It explained: Our decision in this case in no way affects this Court’s holdings in cases such as Montgomery. Montgomery sets out the standard by which appellate courts review trial …

    Apr 20, 2015 · Based on this finding, the dissent continued, de novo review should be the standard of review for all aspects of a lower court’s patent claim construction, including factual determinations based upon any extrinsic evidence. This handbook is named De Novo, a Latin phrase that means “starting over.” In the law, de novo is the “standard of review” that a court uses when it wants to evaluate the facts of a case on appeal without accepting the findings of the lower court.

    Question of law. De novo or independent review on appeal. Since no deference is owed to the trial court's ruling on a legal question, the "plain legal error" standard of review is applied. Suarez v. Halbert, 246 Ga. App. 822, 824 (1) (543 SE2d 733) (2000). Damage awards. Every standard of review considers how the law applies to the facts. A de novo standard of review means that the appellate court gives no deference to the trial judges decisions of law. Purely legal questions are subject to de novo review.

    Life Ins. Co. v. Glenn, treated de novo review as the general standard without limiting it to denials based on plan term interpretations. vii Further, one of the primary points made by Pierre was that trust law draws a distinction between judicial review of a trustee’s legal and factual decisions – a contention that has not withstood Mar 16, 2018 · Life Ins. Co. v. Glenn, implicitly treated de novo review as the general standard of review without limiting the application of this standard to denials based on interpretation of plan terms. 4 Finally, although Pierre articulated public policy concerns about the courts’ ability to conduct de novo review of factual determinations, the Fifth

    Apr 20, 2015 · Based on this finding, the dissent continued, de novo review should be the standard of review for all aspects of a lower court’s patent claim construction, including factual determinations based upon any extrinsic evidence. A trial court may also hear a case de novo following the appeal of an arbitration decision. De novo review occurs when a court decides an issue without deference to a previous court's decision. Trial de novo occurs when a court decides all issues in a case, as if the case was being heard for the first time.

    On appeal, the parties disputed whether the court should review Humana’s factual determinations under an abuse-of-discretion standard—as the district court had done following Pierre—or under a de novo standard. Prior to the en banc review, a panel of the Fifth Circuit, applying Pierre, reviewed Humana’s factual determinations only for Dec 14, 2014 · An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo.Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4 th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on

    A trial court may also hear a case de novo following the appeal of an arbitration decision. De novo review occurs when a court decides an issue without deference to a previous court's decision. Trial de novo occurs when a court decides all issues in a case, as if the case was being heard for the first time. Their favorite standard of review is “de novo,” where the appellate court is on the same footing as the lower tribunal as to pure matters of law. Some common examples of issues reviewed de novo include summary judgment, dismissal of a complaint, and the interpretation of a statute or contract.

    Supreme Court Eases Standard of Appellate Review for Decisions of the U.S. Patent and Trademark Office. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. Supreme Court Eases Standard of Appellate Review for Decisions of the U.S. Patent and Trademark Office. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com.

    Standards of the Standards of Review Lee Will Berry IV1 INTRODUCTION An effective standard of review is the hallmark of a healthy and properly functioning judicial system. The benchmark by which a judge or jury analyzes, and ultimately determines an outcome, is crucial to … Every standard of review considers how the law applies to the facts. A de novo standard of review means that the appellate court gives no deference to the trial judges decisions of law. Purely legal questions are subject to de novo review.

    Standards of the Standards of Review Lee Will Berry IV1 INTRODUCTION An effective standard of review is the hallmark of a healthy and properly functioning judicial system. The benchmark by which a judge or jury analyzes, and ultimately determines an outcome, is crucial to … at 705 (“‘Abuse of discretion’ is not the standard by which we review a trial court’s ruling on a motion for summary judgment; rather, we review the law and evidence de novo.”). Appeal to Superior Court. Under OCGA § 5-3-29, appeals to the Superior Court are de novo …