Florida Statute 59.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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F.S. 59.04

59.04 Appeal from order granting new trial.—Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for final judgment. If the judgment is reversed, the appellate court may direct that final judgment be entered in the trial court for the party obtaining the verdict unless a motion in arrest of judgment or for a judgment notwithstanding the verdict be made and prevail.

History.—RS 1267; GS 1695; RGS 2905; CGL 4615; s. 4, ch. 22854, 1945; s. 1, ch. 71-316.

F.S. 59.04 on Google Scholar

F.S. 59.04 on CourtListener

Amendments to 59.04

Annotations, Discussions, Cases:

Cases Citing Statute 59.04

Total Results: 54

Williams v. Aeroland Oil Company

20 So. 2d 346, 155 Fla. 114, 1944 Fla. LEXIS 484

Supreme Court of Florida | Filed: Oct 17, 1944 | Docket: 3275273

Cited 68 times | Published

from the order granting new trial pursuant to Section 59.04 Florida Statutes 1941. The first question goes

Atlantic Coast Line Railroad Company v. Boone

85 So. 2d 834, 57 A.L.R. 2d 1186

Supreme Court of Florida | Filed: Feb 1, 1956 | Docket: 1290471

Cited 33 times | Published

the entry of an order granting a new trial. Section 59.04, Florida Statutes, F.S.A. The appeal perfected

Bowen v. Willard

340 So. 2d 110

Supreme Court of Florida | Filed: Nov 30, 1976 | Docket: 1709160

Cited 16 times | Published

court's review in an appeal taken pursuant to Section 59.04, Florida Statutes (1975), which provides: *111

Clement v. Aztec Sales, Inc.

297 So. 2d 1

Supreme Court of Florida | Filed: Jun 19, 1974 | Docket: 1510412

Cited 15 times | Published

opinion passed upon the validity of Fla. Stat. § 59.04, F.S.A., giving this Court jurisdiction under Fla

Ruth v. Sorensen

104 So. 2d 10

Supreme Court of Florida | Filed: Mar 21, 1958 | Docket: 311550

Cited 11 times | Published

stated by Moore in his Federal Practice, 2d Ed., § 59.04(5), p. 3715, in discussing Rule 59: "The motion

Gore v. Hansen

59 So. 2d 538, 40 A.L.R. 2d 1281, 1952 Fla. LEXIS 1674

Supreme Court of Florida | Filed: Jun 13, 1952 | Docket: 1249284

Cited 11 times | Published

under the provisions of Section 59.04, Florida Statutes, F.S.A.? Section 59.04 reads as follows: "Upon

Housing Auth. of City of Tampa v. Burton

874 So. 2d 6, 2004 Fla. App. LEXIS 3772, 2004 WL 573900

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1738298

Cited 10 times | Published

jurisdiction to hear the appeal pursuant to section 59.04, Florida Statutes (2002). See Blore v. Fierro

Evin R. Welch & Co. v. Johnson

138 So. 2d 390

District Court of Appeal of Florida | Filed: Feb 21, 1962 | Docket: 1404113

Cited 10 times | Published

appealed from the grant of the new trial under § 59.04, F.S.A., and plaintiff "cross-appealed" from the

Wise v. Jacksonville Gas Corporation

97 So. 2d 704, 1957 Fla. App. LEXIS 571

District Court of Appeal of Florida | Filed: Nov 5, 1957 | Docket: 458330

Cited 10 times | Published

Section 59.02, Florida Statutes, F.S.A. [3] Section 59.04, Florida Statutes, F.S.A. [4] Atlantic Coast

Lee v. State

508 So. 2d 1300, 12 Fla. L. Weekly 1498

District Court of Appeal of Florida | Filed: Jun 17, 1987 | Docket: 1648867

Cited 9 times | Published

of has resulted in a miscarriage of justice." § 59.04, Fla. Stat. (1985); see also § 924.33, Fla. Stat

Hillsboro Plantation v. Plunkett

55 So. 2d 534, 1951 Fla. LEXIS 930

Supreme Court of Florida | Filed: Dec 14, 1951 | Docket: 419091

Cited 8 times | Published

Plunkett's claim against it, as authorized by Section 59.04, Florida Statutes, F.S.A. and Plunkett has appealed

Fulton v. Poston Bridge & Iron, Inc.

122 So. 2d 240

District Court of Appeal of Florida | Filed: Jul 21, 1960 | Docket: 1750992

Cited 7 times | Published

[1] Appeals from such orders are allowed under § 59.04, Fla. Stat., F.S.A. [2] Section 59.07(4), Fla

Marley v. Saunders

249 So. 2d 30

Supreme Court of Florida | Filed: May 19, 1971 | Docket: 1398546

Cited 6 times | Published

damages only, pursuant to the provisions of Section 59.04, Florida Statutes, F.S.A. We think there is

Allied Chemical Corp. v. Eubanks Industries, Inc.

155 So. 2d 740

District Court of Appeal of Florida | Filed: Aug 20, 1963 | Docket: 473944

Cited 6 times | Published

from an order granting new trial is granted by § 59.04, Fla. Stat., F.S.A., such appeals are governed

Means v. Douglas

110 So. 2d 88

District Court of Appeal of Florida | Filed: Mar 31, 1959 | Docket: 1409585

Cited 6 times | Published

is to appeal he must find his authority under § 59.04 Fla. Stat., F.S.A., which grants the right of appeal

Kovacs v. Venetian Sedan Service, Inc.

108 So. 2d 611

District Court of Appeal of Florida | Filed: Feb 5, 1959 | Docket: 1318873

Cited 6 times | Published

judgment non obstante veredicto be made and prevail." § 59.04 Fla. Stat., F.S.A. [2] § 59.07(4) id. provides:

Kovacs v. Venetian Sedan Service, Inc.

108 So. 2d 611

District Court of Appeal of Florida | Filed: Feb 5, 1959 | Docket: 1318873

Cited 6 times | Published

judgment non obstante veredicto be made and prevail." § 59.04 Fla. Stat., F.S.A. [2] § 59.07(4) id. provides:

Smith v. Montgomery Ward & Co.

232 So. 2d 195

District Court of Appeal of Florida | Filed: Feb 18, 1970 | Docket: 1713182

Cited 5 times | Published

error resulted in a miscarriage of justice, Section 59.04(1), F.S. 1967, F.S.A.; Demmy v. Sligh, Fla.App

Clement v. Aztec Sales, Inc.

283 So. 2d 68

District Court of Appeal of Florida | Filed: Jun 6, 1973 | Docket: 1490278

Cited 4 times | Published

squarely faced with an assault upon the validity of F.S. 59.04, F.S.A., Laws of 1971, which provides: "59.04

Bach v. Miami Transit Company

129 So. 2d 706

District Court of Appeal of Florida | Filed: Apr 17, 1961 | Docket: 1471386

Cited 4 times | Published

alternative of a new trial, is appealable under § 59.04, Fla. Stat., F.S.A., as an order granting a new

Osteen v. Seaboard Coast Line Railroad Company

283 So. 2d 379, 1973 Fla. App. LEXIS 6635

District Court of Appeal of Florida | Filed: Oct 4, 1973 | Docket: 2549251

Cited 3 times | Published

appellant pursuant to the authority of F.S. Section 59.04, F.S.A., which permits an appeal by the party

Edwards v. Miami Shores Village

40 So. 2d 360, 1949 Fla. LEXIS 1368

Supreme Court of Florida | Filed: Apr 29, 1949 | Docket: 3268106

Cited 3 times | Published

agree with the contention made by the appellee. Section 59.04, Florida Statutes 1941, F.S.A., provides that

Johnson v. City of Pensacola

164 So. 2d 844, 1964 Fla. App. LEXIS 4327

District Court of Appeal of Florida | Filed: Jun 4, 1964 | Docket: 60221897

Cited 1 times | Published

obstante vere-dicto be made and prevail.” F.S. Section 59.04, F.S.A. .“(4) New trials, review of order

A & P Bakery Supply & Equipment Co. v. H. Hexter & Son, Inc.

149 So. 2d 883

District Court of Appeal of Florida | Filed: Feb 19, 1963 | Docket: 60210058

Cited 1 times | Published

allowing a new trial. The order is appealable under § 59.04, Fla.Stat., F.S.A. Under § 59.07, Fla.Stat., F

Gaskill v. Montague

128 So. 2d 420, 1961 Fla. App. LEXIS 3027

District Court of Appeal of Florida | Filed: Apr 6, 1961 | Docket: 60197103

Cited 1 times | Published

remanded with directions, as provided for in said § 59.04, id., “that final judgment be entered in the trial

Barnes v. Boulevard National Bank of Miami

124 So. 2d 494

District Court of Appeal of Florida | Filed: Nov 21, 1960 | Docket: 60195984

Cited 1 times | Published

and PEARSON and CARROLL, CHAS., JJ., concur. . § 59.04, Fla.Stat., F.S.A.

White v. E. Levy Sons

40 So. 2d 142, 1949 Fla. LEXIS 1346

Supreme Court of Florida | Filed: Feb 11, 1949 | Docket: 3270999

Cited 1 times | Published

set aside and a new trial is hereby ordered." Section 59.04, F.S.A., provides for review by the Supreme

Saboff v. Saboff

275 So. 3d 712

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64719835

Published

trial court's order granting a new trial.1 See § 59.04, Fla. Stat. (2018) ("Upon the entry of an order

Saboff v. Saboff

275 So. 3d 712

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 64719836

Published

trial court's order granting a new trial.1 See § 59.04, Fla. Stat. (2018) ("Upon the entry of an order

Wharton v. DuBose

458 So. 2d 411, 9 Fla. L. Weekly 2334, 1984 Fla. App. LEXIS 15707

District Court of Appeal of Florida | Filed: Nov 7, 1984 | Docket: 64607835

Published

equivalent of an order for a new trial, governed by section 59.04, Florida Statutes (1983), and post-Averill revisions

Hill v. American Medical Affiliates, Inc.

387 So. 2d 1056, 1980 Fla. App. LEXIS 17250

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578017

Published

that order without waiting for final judgment. § 59.04, Fla.Stat. (1979), incorporated in Fla.R.App.P

Dorr-Oliver, Inc. v. Parnell

334 So. 2d 629, 1976 Fla. App. LEXIS 13796

District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554404

Published

brought this appeal pursuant to the authority of § 59.04, Fla. Stat., which permits an appeal by the party

Flood v. Ware

326 So. 2d 46, 1976 Fla. App. LEXIS 14249

District Court of Appeal of Florida | Filed: Jan 30, 1976 | Docket: 64552201

Published

order granting a new trial pursuant to Fla.Stat. § 59.04 (1973) was not interlocutory. If such an appeal

Hoffman v. Jackson'S Minit Markets, Inc.

313 So. 2d 722, 1975 Fla. LEXIS 3336

Supreme Court of Florida | Filed: Apr 16, 1975 | Docket: 64546940

Published

grounds of our F.A.R. 4.2(a) and held Fla.Stat. § 59.04 specifically providing for an appeal from an order

Matthews v. Division of Administration

303 So. 2d 328, 1974 Fla. LEXIS 4567

Supreme Court of Florida | Filed: Nov 13, 1974 | Docket: 64542630

Published

Clement v. Aztec, supra, the District Court held Section 59.04, Florida Statutes, providing for an appeal from

Wackenhut Corp. v. Judges of the District Court of Appeal

297 So. 2d 300, 1974 Fla. LEXIS 3743

Supreme Court of Florida | Filed: Jul 3, 1974 | Docket: 64540064

Published

dismiss the appeal on the ground that Fla.Stat. § 59.04, F.S.A., which purports to authorize appeals from

LaFleur v. Castlewood International Corporation

285 So. 2d 449

District Court of Appeal of Florida | Filed: Nov 14, 1973 | Docket: 1491461

Published

order upon a motion for a new trial, and (2) Section 59.04, F.S.A.,[2] upon which appellants rely, is in

Harrison v. Anclote Manor Foundation

205 So. 2d 541, 1967 Fla. App. LEXIS 4225

District Court of Appeal of Florida | Filed: Dec 29, 1967 | Docket: 64503515

Published

” Appellant bases his argument on Fla. Stats. § 59.04, F.S.A., which has specific reference to an appeal

Seigel v. Solomon

201 So. 2d 501, 1967 Fla. App. LEXIS 4630

District Court of Appeal of Florida | Filed: Jul 25, 1967 | Docket: 64501889

Published

defendant brought an appeal pursuant to Florida Statute 59.04, F.S.A. from the order vacating the final

Murrell v. Lynch

163 So. 2d 525, 1964 Fla. App. LEXIS 4208

District Court of Appeal of Florida | Filed: Apr 28, 1964 | Docket: 60221328

Published

paternity suit. This appeal is brought pursuant to § 59.04, Fla.Stat., F.S.A. The grounds assigned for the

Dean v. State Road Department

156 So. 2d 649, 1963 Fla. LEXIS 2692

Supreme Court of Florida | Filed: Jul 31, 1963 | Docket: 60215748

Published

04 and 59.08, Florida Statutes, F.S.A. • ..Section 59.04, Florida Statutes, F.S.A., authorizes • an appeal

Hammett v. Lyte Lyne, Inc.

150 So. 2d 235

Supreme Court of Florida | Filed: Feb 15, 1963 | Docket: 60210156

Published

concur. THORNAL and O’CONNELL, JJ., concur. Section 59.04 F.S.1961, F.S.A. Section 59.07(4), F.S.1961

Floyd ex rel. Floyd ex rel. Floyd v. Sellars

145 So. 2d 880, 1962 Fla. App. LEXIS 2876

District Court of Appeal of Florida | Filed: Oct 30, 1962 | Docket: 60207565

Published

CARROLL, Judge. This appeal is taken under § 59.-04, Fla.Stat., F.S.A., by the plaintiffs Betty D. Floyd

Dean v. State Road Department

144 So. 2d 867

District Court of Appeal of Florida | Filed: Sep 18, 1962 | Docket: 60207084

Published

appeal [being authorized by the provisions of § 59.04, Fla.Stat., F.S.A.], having been filed within 60

Webb's City, Inc. v. Lugerner

138 So. 2d 531, 1962 Fla. App. LEXIS 3430

District Court of Appeal of Florida | Filed: Mar 9, 1962 | Docket: 60202230

Published

veredicto be made and prevailed as provided by Section 59.04, Florida Statutes, F.S.A. Reversed. SHANNON

Ponte v. Lattin

135 So. 2d 260

District Court of Appeal of Florida | Filed: Dec 4, 1961 | Docket: 60220945

Published

PER CURIAM. This appeal is under § 59.04, Fla.Stat., F.S.A., from an order granting a new trial after

Messina v. Baldi

135 So. 2d 17

District Court of Appeal of Florida | Filed: Nov 30, 1961 | Docket: 60220930

Published

sua sponte. It is so ordered. Affirmed. . Section 59.04, Fla.Stat., F.S.A. “Appeal from order granting

MacLaughlin v. Red Top Cab & Baggage Co.

133 So. 2d 560

District Court of Appeal of Florida | Filed: Oct 16, 1961 | Docket: 60198553

Published

plaintiffs from the order granting new trial (§ 59.04, Fla.Stat., F.S.A.), we are confined to consideration

Roth v. Calvert Fire Insurance

119 So. 2d 49, 1960 Fla. App. LEXIS 2813

District Court of Appeal of Florida | Filed: Mar 10, 1960 | Docket: 60194686

Published

Brannon v. Johnston, Fla.1955, 83 So.2d 779. Section 59.04, Fla.Stat., F.S.A., allows appeal from an order

Whigam v. Bornstein

118 So. 2d 252

District Court of Appeal of Florida | Filed: Feb 25, 1960 | Docket: 60194376

Published

31 F.S.A. Appeals are permitted by Fla.Stat. § 59.04, F.S.A., from orders granting new trials and from

Martin v. Meyer

68 So. 2d 597, 1953 Fla. LEXIS 1784

Supreme Court of Florida | Filed: Dec 8, 1953 | Docket: 64484900

Published

specific statute granting such right of appeal. Section 59.04, Florida Statutes 1951, F.S.A. In order to determine

Russell v. Powell

10 So. 2d 907, 152 Fla. 102, 1942 Fla. LEXIS 709

Supreme Court of Florida | Filed: Dec 18, 1942 | Docket: 3271864

Published

obstante veredicto shall be made and prevail. See Section 59.04 Florida Statutes, 1941; Section 4615 C. G. L

Nelson v. McMillan, Et Vir.

10 So. 2d 565, 151 Fla. 847, 1942 Fla. LEXIS 1276

Supreme Court of Florida | Filed: Nov 17, 1942 | Docket: 3269463

Published

under the statute, Section 4615 (2905) C.G.L., Section 59.04 Florida Statutes 1941. This Court affirmed the

Cox v. Hoover

10 So. 2d 563, 151 Fla. 740, 1942 Fla. LEXIS 1252

Supreme Court of Florida | Filed: Nov 10, 1942 | Docket: 3270307

Published

obstante veredicto shall be made and prevail. See Section 59.04 Florida Statutes, 1941; Section 4615 C.G.L.