Florida Statutes
Fla. Stat. § 59.041 (2025)
Harmless error; effect.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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59.041 Harmless error; effect.—No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence or for error as to any matter of pleading or procedure, unless in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.
Note.—Former s. 54.23.
Notes of Decisions
Cited in 368
cases (23 in the last 5 years), 1968–2026 · leading case: Frank Special v. West Boca Med. Ctr., 160 So. 3d 1251 (Fla. 2014).
Frank Special v. West Boca Med. Ctr., 160 So. 3d 1251 (Fla. 2014). “§ 59.041, Fla. Stat. (2003).1 Under this rule, appellate courts must evaluate harmless error on a case-by-case basis.”
Special v. Baux, 79 So. 3d 755 (Fla. 4th DCA 2011). “§ 59.041, Fla. Stat. (2010) (formerly § 54.”
Goodwin v. State, 751 So. 2d 537 (Fla. 1999). “[2] Note the similarity between this constitutional provision and section 59.041, Florida Statutes (1997), which provides: No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of [1]…”
Francisco Rodriguez v. State of Florida, 248 So. 3d 1085 (Fla. 2018). “See § 59.041, Fla. Stat. (2015) (“No judgment shall be set aside or reversed .”
Esaw v. Esaw, 965 So. 2d 1261 (Fla. 2d DCA 2007). “It takes seriously the provision of section 59.041, Florida Statutes (2004), that "[n]o judgment shall be set aside or reversed .”
Del Valle v. State, 80 So. 3d 999 (Fla. 2011). “06(5) requires that the probationer establish a lack of resources to pay the amount ordered "despite sufficient bona fide efforts legally to acquire the resources to do so." The petitioner totally failed to show any such "bona fide efforts.”
Harris v. McKinney, 20 So. 3d 400 (Fla. 2d DCA 2009). “The court noted that section 59.041, Florida Statutes, provides "that `[n]o judgment shall be set aside or reversed .”
Saleeby v. Rocky Elson Constr., Inc., 3 So. 3d 1078 (Fla. 2009). “" § 59.041, Fla. Stat. (2006). Accordingly, Saleeby is entitled to prevail on appeal only if a substantial right of Saleeby has been adversely affected and a miscarriage of justice has occurred.”
Klette v. Klette, 785 So. 2d 562 (Fla. 1st DCA 2001). “Section 59.041, Florida Statutes, the harmless error statute directs: No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of…”
In Re Doe, 973 So. 2d 548 (Fla. 2d DCA 2008). “Applying a harmless error analysis as mandated by section 59.041, Florida Statutes (2007), [9] the panel concluded that neither the inadequacy of the trial court's order nor the trial court's inappropriate commentary required reversal given the failure of the minor to provide…”
State v. DiGuilio, 491 So. 2d 1129 (Fla. 1986). “[6] Originally enacted by chapter 6223, § 1, Laws of Florida (1911), currently codified as section 59.041, Fla. Stat. (1985). [7] The statute reads: 924.”
Medina v. Peralta, 724 So. 2d 1188 (Fla. 1999). “An evidentiary ruling such as the one in Furtado could be deemed harmless error under section 59.041, Florida Statutes (1995). [3] When examining an evidentiary ruling *1190 under section 59.”
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