Scope of Review

A. Reviewable Issues

Generally, appellate courts only review issues of law, not factual findings.

B. Jury Trials

1.
An appellate court must uphold a verdict supported by substantial evidence.

2.
An appellate court cannot weigh evidence or pass on witness credibility.

3.
An appellate court cannot disturb factual findings.

C. Nonjury Trials

1.
If clearly erroneous, a judge’s factual findings may be set aside.

2.
Questions of witness credibility are solely in the trial court’s province.

D. Errors

Appellate courts have jurisdiction only if an error:

1.
Involves a legal issue;

2.
Appears in the trial record;

3.
Affects a substantial right of the aggrieved party; and

4.
Is preserved by prompt objection to a court’s ruling.

E. Harmless

Error When an error neither prejudices a substantial right of the aggrieved party nor has a significant effect on a case’s outcome, courts will not reverse a judgment.