Florida Statute 59.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

View Entire Chapter

F.S. 59.06

59.06 Matters reviewable on appeal.—

(1) WHAT MAY BE ASSIGNED AS ERROR.—All judgments and orders made in any action wherein the trial court:

(a) May allow or refuse to allow any motion:

1. For a new trial or rehearing,

2. For leave to amend pleadings,

3. For leave to file new or additional pleadings,

4. To amend the record, or

5. For continuance of the action; or

(b) Shall sustain or overrule any motion to dismiss the action

may be assigned as error upon any appeal from the final judgment or order in the action. The appellate court shall hear and determine the matter so assigned under like rules as in other actions.

(2) EFFECT OF PLEADING OVER OR AMENDING.—Pleading over or amending pleadings after order upon motion to dismiss shall not waive the right to have the judgment or order reviewed.

History.—s. 1, ch. 521, 1853; s. 1, ch. 3430, 1883; RS 1265; GS 1693; RGS 2903; CGL 4608; s. 6, ch. 22854, 1945; s. 2, ch. 71-316.

F.S. 59.06 on Google Scholar

F.S. 59.06 on Casetext

Amendments to 59.06

Arrestable Offenses / Crimes under Fla. Stat. 59.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 59.06.

Annotations, Discussions, Cases:

Cases Citing Statute 59.06

Total Results: 20

Jennifer Ripple, etc. v. CBS Corporation

Court: Fla. | Date Filed: 2024-05-09T00:00:00-07:00

Snippet: claim of the decedent’s adult children. Id. at 59. 6 Our review follows.

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Court: Fla. | Date Filed: 2023-09-28T00:00:00-07:00

Snippet: -3- equity-to-debt ratio of 59.6%, 5 and a return on equity (ROE) 6 between 9.7%… In this case, the requested ratio provides that 59.6% of FPL’s financing will come from equity, and 40.4%

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: McCain (R) in the 2008 presidential election, and 59.6% for Crist (R) in the 2006 gubernatorial election

Osborne v. State

Court: Fla. | Date Filed: 2005-05-12T00:53:00-07:00

Citation: 907 So. 2d 505

Snippet: as do all litigants in such proceedings. See § 59.06(1), Fla. Stat. (1999) (providing the statutory right

Warren v. State Farm Mut. Auto. Ins. Co.

Court: Fla. | Date Filed: 2005-03-30T23:53:00-08:00

Citation: 899 So. 2d 1090

Snippet: petitioner's right of access to the courts. Id. at 59. [6] We are not presented here with the rejection

Friends of Nassau County, Inc. v. Nassau County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-02-01T23:53:00-08:00

Citation: 752 So. 2d 42

Snippet: judge recommended awarding fees under section 120.59(6), Florida Statutes (1995), as well as under section…the recommendation to award fees under section 120.59(6). Fisher and Nassau County have not appealed that

Stone's Throw Condo. Ass'n v. SAND COVE

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-16T23:53:00-08:00

Citation: 749 So. 2d 520

Snippet: of action against Mouriz survives under section 59.06, Florida Statutes (1995), which specifically allows…dismissals where the pleadings are amended. See § 59.06(2), Fla. Stat. (1995). Unfortunately, no cases of… of recent vintage discuss whether section 59.06 applies to a plaintiff who fails to preserve in subsequent…and the older common law cases applying section 59.06 deal mainly with a defendant pleading to a bill …regulation of judicial procedures, we find section 59.06 inapplicable. Instead, we find Arthur v. Hillsborough

State v. Spaziano

Court: Fla. | Date Filed: 1997-04-17T00:53:00-07:00

Citation: 692 So. 2d 174

Snippet: appearing in substantially its original form as § 59.06(1), Fla. Stat.1957, F.S.A.), which recited that

Thomas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-30T00:53:00-07:00

Citation: 657 So. 2d 51

Snippet: paragraph, imposes juvenile sanctions under s. 39.059(6). 94-00439 District Court of Appeal of

T.L.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-28T00:00:00-07:00

Citation: 657 So. 2d 49, 1995 Fla. App. LEXIS 6998, 1995 WL 380843

Snippet: paragraph, imposes juvenile sanctions under s. 39.059(6). A subsequent violation occurs only after the juvenile

Crain v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-30T23:53:00-08:00

Citation: 653 So. 2d 442

Snippet: put Crain on notice in accordance with section 39.059(6)(b) that if she did not prove suitable for treatment

Hangen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-02T23:53:00-08:00

Citation: 651 So. 2d 706

Snippet: paragraph, imposes juvenile sanctions under s. 39.059(6).[1] According to the Duval County Circuit Court

Powell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-16T00:00:00-07:00

Citation: 606 So. 2d 486, 1992 Fla. App. LEXIS 10688, 1992 WL 282066

Snippet: language similar to the contained in section 39.059(6)(b): “(5)(a) If a minor proves not to be amenable…when adult sanctions are considered. 3. Section 39.059(6)(b) requires that the court notify the victim, parents…Statutes, was appropriate as suggested by section 39.059(6)(b). The trial court in the instant case appears… found to be unsuitable, pursuant to section 39.059(6)(b). Powell’s sentence is vacated, and we remand….111(4)(a), a juvenile sanction. . Section 39.059(6) provides: (6)(a) If a child proves not to be suitable

Burke v. Harbor Estates Associates, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-25T23:53:00-08:00

Citation: 591 So. 2d 1034

Snippet: receive an award of attorney fees under Section 120.59(6), Florida Statutes. Appellant argues that DER erred… attorney fees and costs pursuant to Section 120.59(6), Florida Statutes. The order in pertinent part …awarded attorney fees and costs under Section 120.59(6), Florida Statutes. The final order, in pertinent…improper purpose within the meaning of Section 120.59(6), Florida Statutes, is wholly or partially a conclusion… and costs was too harsh a sanction. Section 120.59(6) governs the award of attorney fees to a prevailing

Brookridge Community Property Owners, Inc. v. Brookridge, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-23T23:53:00-08:00

Citation: 573 So. 2d 972

Snippet: 80% TOTAL 56% 59% 6. On the date that the subject age restrictions

Solis v. DEPT. OF HEALTH & REHAB. SERVS.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-06T00:53:00-07:00

Citation: 546 So. 2d 1073

Snippet: color of law," Alfred, 487 So.2d at 357, 358-59[6]; see also Alfred, 487 So.2d at *1075 359 (Schwartz

Spiro v. Highlands General Hospital

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-23T00:00:00-07:00

Citation: 489 So. 2d 802, 11 Fla. L. Weekly 1195, 1986 Fla. App. LEXIS 7963

Snippet: attorney general supplemented this opinion in Op. 059-6 dated January 15, 1959, by specifying that: It is…independent enterprise.” 1958-60 Op. Atty. Gen. Fla. 059-6 (Jan. 15, 1959) at 20. In that it is illegal for

Platel v. MAGUIRE, VOORHIS & WELLS, PA

Court: Fla. Dist. Ct. App. | Date Filed: 1983-08-04T00:53:00-07:00

Citation: 436 So. 2d 303

Snippet: . First, Mr. Platel alleges that, under section 59.06, Florida Statutes (1981), this court has no jurisdiction

FINANCIAL INTERN. LIFE INS. CO. OF NEW MEXICO v. Beta Trust Corp., Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-11-03T23:53:00-08:00

Citation: 405 So. 2d 306

Snippet: Section 631.001 et seq., Florida Statutes, and Article 59-6-7 et seq., New Mexico Statutes, provides that the

Cardozo v. True

Court: Fla. Dist. Ct. App. | Date Filed: 1977-02-22T23:53:00-08:00

Citation: 342 So. 2d 1053

Snippet: Publishing & Printing Co., 289 Ill. App. 59, 6 N.E.2d 526 (1937), where the court refused to hold