In Yzer, Inc. v. Rodr, 2012 OK 50, 280 P.3d 323, the petition for review was filed before August 26, 2011, and the appeal was decided by both the Court of Civil Appeals and the Supreme Court after the effective date of 85 O.S. 2011 ; 340. The Supreme Court recognized the 2011 amendment to the standard of review, but did not determine whether the new standard of review applied to cases pending but not yet decided as of the effective date of ; 340(D), because the appeal presented a legal question to be reviewed de novo.