59.04
Appeal from order granting new trial.
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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.
Notes of Decisions
Cited in 52
cases, 1942–2019 · leading case: Bowen v. Willard
Bowen v. Willard (1976)
“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…”
Atlantic Coast Line Railroad Company v. Boone (1956)
“Section 59.04, Florida Statutes, F.S.A. The appeal perfected by the appellants Goff and Boone is therefore authorized by the statute cited, they being the "parties aggrieved" by the order.”
Marley v. Saunders (1971)
“In Means the District Court of Appeal for the First District permitted the plaintiff to appeal from an order granting a new trial on the issue of damages only, pursuant to the provisions of Section 59.04, Florida Statutes, F.S.A. We think there is conflict between the case sub…”
Gore v. Hansen (1952)
“Its order may, however, be considered as the equivalent of such an order, and the following question then arises: Is an "order" of a new trial pursuant to the above-quoted provision of Rule 40(c) appealable under the provisions of Section 59.04, Florida Statutes, F.S.A.? Section…”
Housing Auth. of City of Tampa v. Burton (2004)
“The circuit court had jurisdiction to hear the appeal pursuant to section 59.04, Florida Statutes (2002). See Blore v.”
Clement v. Aztec Sales, Inc. (1974)
“The District Court in its opinion passed upon the validity of Fla. Stat. § 59.04 , F.S.A., giving this Court jurisdiction under Fla.”
Means v. Douglas (1959)
“Therefore, if the defendant-appellant is to appeal he must find his authority under § 59.04 Fla. Stat., F.S.A., which grants the right of appeal, under certain conditions from an order granting a new trial.”
Williams v. Aeroland Oil Company (1944)
“The appellants have entered their appeal from the order granting new trial pursuant to Section 59.04 Florida Statutes 1941. The first question goes to the sufficiency of the plea of privilege, wherein the defendant sought the privilege of being sued in Dade County and not in…”
Clement v. Aztec Sales, Inc. (1973)
“ON MOTION TO DISMISS We are squarely faced with an assault upon the validity of F.S. 59.04, F.S.A., Laws of 1971, which provides: "59.”
Echols v. State (1985)
“However, we note its presence in accordance with our responsibility to review the entire record in death penalty cases and the well-established appellate rule that all evidence and matters appearing in the record *577 should be considered which support the trial court's decision.”
Lee v. State (1987)
“" § 59.04, Fla. Stat. (1985); see also § 924.”
Nelson v. McMillan, Et Vir. (1942)
“, Section 59.04 Florida Statutes 1941. This Court affirmed the order granting a new trial and in the opinion stated: “After a careful consideration of the record, we cannot say that the preponderance of the evidence appears to sustain the allegation of gross negligence and,…”
— 59.04(1) — 1 case
— 59.04(5) — 1 case
Ruth v. Sorensen (1958)
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