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,…”
Wise v. Jacksonville Gas Corp., 97 So. 2d 704 (Fla. 1st DCA 1957). “[10] The order of the trial court granting a new trial on the issue of damages is reversed and the cause remanded with instructions to enter judgment for the amount found to be due plaintiff by verdict of the jury. The trial court's order denying a new trial as to the issue of…”
Fulton v. Poston Bridge & Iron, Inc., 122 So. 2d 240 (Fla. 3d DCA 1960). “NOTES [1] Appeals from such orders are allowed under § 59.04, Fla. Stat., F.S.A. [2] Section 59.”
Dean v. State Road Dep't, 144 So. 2d 867 (Fla. 3d DCA 1962). “The appellants contend that the appeal [being authorized by the provisions of § 59.04, Fla.Stat., F.S.A.], having been filed within 60 days of the entry of the order granting a new trial, was timely notwithstanding the 30-day limitation contained in § 73.”
Hillsboro Plantation v. Plunkett, 55 So. 2d 534 (Fla. 1951). “Subsequently, a final judgment against Plunkett and in favor of Florida Power was entered, including a judgment for Florida Power for its costs in the suit.”
Allied Chem. Corp. v. Eubanks Indus., Inc., 155 So. 2d 740 (Fla. 3d DCA 1963). “* * *" While the right to appeal from an order granting new trial is granted by § 59.04, Fla. Stat., F.S.A., such appeals are governed by § 59.”
Kovacs v. Venetian Sedan Serv., Inc., 108 So. 2d 611 (Fla. 1st DCA 1959). “" § 59.04 Fla. Stat., F.S.A. [2] § 59.07(4) id.”
Osteen v. Seaboard Coast Line R.R. Co., 283 So. 2d 379 (Fla. 1st DCA 1973). “NOTES [1] § 59.04, F.S. "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 [to] be entered in the trial court for the party obtaining the verdict unless a motion in arrest…”
Ruth v. Sorensen, 104 So. 2d 10 (Fla. 1958). “And while the motion may be made jointly or in the alternative, with a motion for judgment n.”
Hill v. Am. Med. Affiliates, Inc., 387 So. 2d 1056 (Fla. 2d DCA 1980). “§ 59.04, Fla.Stat. (1979), incorporated in Fla.”
Hoffman v. Jackson'S Minit Markets, Inc., 313 So. 2d 722 (Fla. 1975). “2(a) and held Fla.Stat. § 59.04 specifically providing for an appeal from an order granting a new trial to be invalid because of the provision of F.”
Martin v. Meyer, 68 So. 2d 597 (Fla. 1953). “It provides, “In every case in which the trial court shall enter an order granting a motion for a new trial, the trial judge shall indicate in the order granting said motion the particular ground or grounds upon which said motion was granted, and upon appeal from any such order,…”
Smith v. Montgomery Ward & Co., 232 So. 2d 195 (Fla. 4th DCA 1970). “Even if it is assumed that the trial court erred in denying the preemptive instruction, this court is not permitted to reverse the verdict of the jury unless the appellant makes it appear that the alleged error resulted in a miscarriage of justice, Section 59.04(1), F.S. 1967,…”
Wharton v. DuBose, 458 So. 2d 411 (Fla. 4th DCA 1984). “Appellant contends that an order granting a motion for rehearing either is a final order and thus immediately appealable, or is the equivalent of an order for a new trial, governed by section 59.04, Florida Statutes (1983), and post-Averill revisions of Rules 9.”
Barnes v. Boulevard Nat'l Bank of Miami, 124 So. 2d 494 (Fla. 3d DCA 1960). “…note 223. Accordingly, the order appealed is affirmed. HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur. . § 59.04, Fla.Stat., F.S.A.”
Bach v. Miami Transit Co., 129 So. 2d 706 (Fla. 1st DCA 1961). “The plaintiffs declined to enter the remittitur and appealed.”
Hammett v. Lyte Lyne, Inc., 150 So. 2d 235 (Fla. 1963). “Section 59.04 F.S.1961, F.S.A. Section 59.”
MacLaughlin v. Red Top Cab & Baggage Co., 133 So. 2d 560 (Fla. 1st DCA 1961). “1 On this appeal, taken by the plaintiffs from the order granting new trial (§ 59.04, Fla.Stat., F.S.A.), we are confined to consideration of the merit of the ground stated by the trial judge (§ 59.”
Flood v. Ware, 326 So. 2d 46 (Fla. 2d DCA 1976). “2d 1 , the Supreme Court held that an appeal from an order granting a new trial pursuant to Fla.Stat. § 59.04 (1973) was not interlocutory.”
Johnson v. City of Pensacola, 164 So. 2d 844 (Fla. 1st DCA 1964). “Section 59.04, F.S.A. .“(4) New trials, review of order granting.”
LaFleur v. Castlewood Int'l Corp., 285 So. 2d 449 (Fla. 3d DCA 1973). “" We have carefully considered this case together with other case authority construing F.S. 59.04 and have concluded that the statute does not conflict with FAR 4.”
Whigam v. Bornstein, 118 So. 2d 252 (Fla. 3d DCA 1960). “peal, filed on July 6, 1959, after certain introductory verbiage, states: “ * * * to review the Order, Judgement [sic] or Decree of the Circuit Court of the Eleventh Judicial Circuit of Florida, denying their Post Trial Motions, for Judgment Non Obstante Veredicto or for a new…”
Roth v. Calvert Fire Ins., 119 So. 2d 49 (Fla. 3d DCA 1960). “Section 59.04, Fla.Stat., F.S.A., allows appeal from an order granting a motion for new trial.”
Dean v. State Road Dep't, 156 So. 2d 649 (Fla. 1963). “Section 59.04, Florida Statutes, F.S.A., authorizes • an appeal from an order granting a new trial.”
Wackenhut Corp. v. Judges of the Dist. Court of Appeal, 297 So. 2d 300 (Fla. 1974). “Petitioners filed a motion to dismiss the appeal on the ground that Fla.Stat. § 59.04, F.S.A., which purports to authorize appeals from orders granting new trials in civil cases, is unconstitutional and, therefore, the District Court of Appeal was without jurisdiction to…”
Miami Int'l Hatcheries, Inc. v. Gen. Mills, Inc., 168 So. 2d 83 (Fla. 3d DCA 1964). “See §§ 59.04, 59.07(4), Fla.Stat., F.S.A., and Cloud v.”
Evin R. Welch & Co. v. Johnson, 138 So. 2d 390 (Fla. 2d DCA 1962). “The third party tort-feasor appealed from the grant of the new trial under § 59.04, F.S.A., and plaintiff "cross-appealed" from the denial of the motion for new trial as to the employer.”
Ponte v. Lattin, 135 So. 2d 260 (Fla. 3d DCA 1961). “This appeal is under § 59.04, Fla.Stat., F.S.A., from an order granting a new trial after a verdict in an automobile accident case.”
A & P Bakery Supply & Equip. Co. v. H. Hexter & Son, Inc., 149 So. 2d 883 (Fla. 3d DCA 1963). “The order is appealable under § 59.04, Fla.Stat., F.S.A. Under § 59.07, Fla.”
Gaskill v. Montague, 128 So. 2d 420 (Fla. 3d DCA 1961).
Dorr-Oliver, Inc. v. Parnell, 334 So. 2d 629 (Fla. 2d DCA 1976).
Seigel v. Solomon, 201 So. 2d 501 (Fla. 3d DCA 1967).
Webb's City, Inc. v. Lugerner, 138 So. 2d 531 (Fla. 2d DCA 1962).
Saboff v. Saboff, 275 So. 3d 712 (Fla. 5th DCA 2019).
Saboff v. Saboff, 275 So. 3d 712 (Fla. 5th DCA 2019).
Harrison v. Anclote Manor Found., 205 So. 2d 541 (Fla. 2d DCA 1967).
Matthews v. Div. of Admin., 303 So. 2d 328 (Fla. 1974).
Messina v. Baldi, 135 So. 2d 17 (Fla. 3d DCA 1961).
Cox v. Hoover, 10 So. 2d 563 (Fla. 1942).
Russell v. Powell, 10 So. 2d 907 (Fla. 1942).
Murrell v. Lynch, 163 So. 2d 525 (Fla. 3d DCA 1964).
— 59.04(1) — 1 case
Smith v. Montgomery Ward & Co., 232 So. 2d 195 (Fla. 4th DCA 1970). “Even if it is assumed that the trial court erred in denying the preemptive instruction, this court is not permitted to reverse the verdict of the jury unless the appellant makes it appear that the alleged error resulted in a miscarriage of justice, Section 59.04(1), F.S. 1967,…”
— 59.04(5) — 1 case
Ruth v. Sorensen, 104 So. 2d 10 (Fla. 1958). “And while the motion may be made jointly or in the alternative, with a motion for judgment n.”
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