Ohio Supreme Court Clarifies Appellate Court Standard of Review for a Declaratory Judgment Matter

in Insurance, Publications

In a 7-0 decision, the Ohio Supreme Court, in Arnott v. Arnott, Slip Opinion No. 2012-Ohio- 3208, held that an appellate court should apply an abuse of discretion standard when reviewing a trial court’s holding to the question of standing, e.g., the appropriateness of the case for declaratory judgment and should apply a de novo standard when reviewing a trial court’s determination of legal issues in the case. In a de novo standard of review, an appellate court considers the issue, as if for the first time, without deference to the lower court’s decision. . . 2012 – Ohio Supreme Court Clarifies Appellate Court Standard of Review for a Declaratory Judgment Matter