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Florida Statute 59.041 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 59.041 Case Law from Google Scholar Google Search for Amendments to 59.041

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 59
APPELLATE PROCEEDINGS
View Entire Chapter
F.S. 59.041
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.
History.s. 1, ch. 6223, 1911; RGS 2812; CGL 4499; s. 14, ch. 67-254.
Note.Former s. 54.23.

F.S. 59.041 on Google Scholar

F.S. 59.041 on Casetext

Amendments to 59.041


Arrestable Offenses / Crimes under Fla. Stat. 59.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 59.041.



Annotations, Discussions, Cases:

Cases Citing Statute 59.041

Total Results: 20

Julio Rocael Aguilar Lopez v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: conviction must accordingly be affirmed. See § 59.041, Fla. Stat. (2021) (providing that a judgment cannot

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: appealed without a transcript also implements Section 59.041, Florida Statutes, which provides: …2007) (discussing the applicability of Section 59.041 in a related context). Without the transcript of…concurring) (discussing the application of Section 59.041 to awards of attorneys’ fees and stating, “There… of the presumption of correctness and Section 59.041, Florida Statutes, as detailed above, requires

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: appealed without a transcript also implements Section 59.041, Florida Statutes, which provides: …2007) (discussing the applicability of Section 59.041 in a related context). Without the transcript of…concurring) (discussing the application of Section 59.041 to awards of attorneys’ fees and stating, “There… of the presumption of correctness and Section 59.041, Florida Statutes, as detailed above, requires

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: appealed without a transcript also implements Section 59.041, Florida Statutes, which provides: …2007) (discussing the applicability of Section 59.041 in a related context). Without the transcript of…concurring) (discussing the application of Section 59.041 to awards of attorneys’ fees and stating, “There… of the presumption of correctness and Section 59.041, Florida Statutes, as detailed above, requires

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: appealed without a transcript also implements Section 59.041, Florida Statutes, which provides: …2007) (discussing the applicability of Section 59.041 in a related context). Without the transcript of…concurring) (discussing the application of Section 59.041 to awards of attorneys’ fees and stating, “There… of the presumption of correctness and Section 59.041, Florida Statutes, as detailed above, requires

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-23T00:00:00-07:00

Snippet: appealed without a transcript also implements Section 59.041, Florida Statutes, which provides: …2007) (discussing the applicability of Section 59.041 in a related context). Without the transcript of…concurring) (discussing the application of Section 59.041 to awards of attorneys’ fees and stating, “There… of the presumption of correctness and Section 59.041, Florida Statutes, as detailed above, requires

James Seadler v. Marina Bay Resort Condominium Association, Inc.

Court: Fla. | Date Filed: 2023-12-21T00:00:00-08:00

Snippet: miscarriage of justice,” as required by section 59.041, Florida Statutes, and therefore, it had no authority…with the harmless error rule codified in section 59.041, and the Legislature’s intent that relief be granted…First District ostensibly went straight to section 59.041 and applied its own “miscarriage of justice” test

MARIA MESA v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-28T23:53:00-08:00

Snippet: Wright’s hearsay testimony was harmless. See § 59.041, Fla. Stat. (2021); R.J. Reynolds Tobacco Co.

Mark D. Sievers v. State of Florida

Court: Fla. | Date Filed: 2022-11-16T23:53:00-08:00

Snippet: sentence. Our Court disagreed, relying on section 59.041, Florida Statutes (1989). That statute instructs

KASAN GARSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-15T23:53:00-08:00

Snippet: sanction order was harmless as a matter of law. See § 59.041, Fla. Stat. (2003) (“No judgment shall be set aside

MIGUEL PENA MONTES DE OCA AND PATRICIA OJEDA v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-18T23:53:00-08:00

Snippet: error with the jury instructions is harmless. See § 59.041, Fla. Stat. (2021) (“No judgment shall be set

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-17T00:53:00-07:00

Snippet: these documents rose to that level of harm. See § 59.041, Fla. Stat. (2016) ("No judgment shall be

BEVERLY WILLIAMS v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-18T00:53:00-07:00

Snippet: necessarily reversible errors. See Fla. Stat. § 59.041 (2020) (“No judgment shall be set aside or reversed

LISA CAVANAUGH, as Personal Representative of the ESTATE OF WILLIAM CAVANAUGH v. STRYKER CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2020-10-07T00:53:00-07:00

Snippet: with respect to civil cases is rooted in section 59.041, Florida Statutes (2003), which focuses on whether…process of arriving at that result”); see also § 59.041, Fla. Stat. (2017) (the codified harmless error

MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, and Rick Newberger

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-22T00:53:00-07:00

Snippet: harmless and the judgment should be affirmed. § 59.041, Fla. Stat. (2019) (“No judgment shall be set aside

KENNETH ALAN PEARSON v. SHAY RAE PEARSON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-22T00:53:00-07:00

Snippet: error, if any, was harmless." (first citing § 59.041, Fla. Stat. (1999); and then citing Katos v. Cushing

Joseph R. McGee, Husband v. Angeline E. McGee, Wife

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-04T00:00:00-08:00

Citation: 264 So. 3d 1087

Snippet: 785 So. 2d 562 (Fla. 1st DCA 2001). See also § 59.041, Fla. Stat. (2017). The former husband also…was otherwise the result of harmful error. See § 59.041, Fla. Stat. (requiring appellate examination of

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-03T23:53:00-08:00

Snippet: rather than the harmless error standard of section 59.041, Florida Statutes.1 …of has resulted in a miscarriage of justice.” § 59.041, Fla. Stat. (emphases added). The Supreme Court

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-04T00:53:00-07:00

Snippet: rather than the harmless error standard of section 59.041, Florida Statutes.1 …of has resulted in a miscarriage of justice.” § 59.041, Fla. Stat. (emphases added). The Supreme Court

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc. – Corrected Opinion

Court: Fla. | Date Filed: 2018-08-30T00:53:00-07:00

Snippet: Additionally, the error here was not harmless. See § 59.041, Fla. Stat. (providing that the harmless error