Florida Statutes
Fla. Stat. § 59.04 (2025)
Appeal from order granting new trial.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 52
cases, 1942–2019 · leading case: Bowen v. Willard, 340 So. 2d 110 (Fla. 1976).
Bowen v. Willard, 340 So. 2d 110 (Fla. 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…”
Atl. Coast Line R.R. Co. v. Boone, 85 So. 2d 834 (Fla. 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, 249 So. 2d 30 (Fla. 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, 59 So. 2d 538 (Fla. 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…”
Hous. Auth. of City of Tampa v. Burton, 874 So. 2d 6 (Fla. 2d DCA 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., 297 So. 2d 1 (Fla. 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, 110 So. 2d 88 (Fla. 1st DCA 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 Co., 20 So. 2d 346 (Fla. 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., 283 So. 2d 68 (Fla. 4th DCA 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, 484 So. 2d 568 (Fla. 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, 508 So. 2d 1300 (Fla. 1st DCA 1987). “" § 59.04, Fla. Stat. (1985); see also § 924.”
Nelson v. McMillan, Et Vir., 10 So. 2d 565 (Fla. 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
Smith v. Montgomery Ward & Co., 232 So. 2d 195 (Fla. 4th DCA 1970).
— 59.04(5) — 1 case
Ruth v. Sorensen, 104 So. 2d 10 (Fla. 1958).
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