Section 1.19 De Novo Review

• Library: App Ct Prac 2015 Supp

d. (§1.19) De Novo Review

The de novo standard of review governs pure questions of law. It is the most stringent standard of review in the appellate courts. Because the appellate court is in as good a position as the trial court to decide questions of law, it is free to substitute its own judgment for that of the trial court. Franklin v. INS, 72 F.3d 571, 572 (8^th Cir. 1995); All Star Amusement, Inc. v. Dir. of Revenue, 873 S.W.2d 843, 844 (Mo. banc 1994). Accordingly, the likelihood of reversal is much greater when an issue is reviewed de novo than when a less stringent standard is employed.

Some of the questions of law reviewed under the de novo standard include:

· whether the trial court had subject matter jurisdiction, Lemonds v. St. Louis County, 222 F.3d 488, 492 (8^th Cir. 2000); All Star Amusement, 873 S.W.2d at 844;

· whether a complaint or petition states a claim upon which relief can be granted, Taylor v. United States, 248 F.3d 736, 737 (8^th Cir. 2001); Pollard v. Swenson, 411 S.W.2d 837 (Mo. App. W.D. 1967);

· whether the court properly granted a motion for directed verdict or judgment notwithstanding the verdict, Caudill v. Farmland Indus., Inc., 919 F.2d 83, 86 (8^th Cir. 1990); Morse v. Volz, 808 S.W.2d 424, 429 (Mo. App. W.D. 1991); and

· whether the trial court properly...