59.06
Matters reviewable on appeal.
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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.
Notes of Decisions
Cited in 7
cases, 1958–2005 · leading case: Osborne v. State
Osborne v. State (2005)
“See § 59.06(1), Fla. Stat. (1999) (providing the statutory right to appeal from final judgments or orders in civil actions); see also § 394.”
State v. Spaziano (1997)
“521, Acts of 1853 (now appearing in substantially its original form as § 59.06(1), Fla. Stat.1957, F.S.A.), which recited that " Whereas, It is expedient that certain orders and judgments of the Circuit Courts of this State, which now depend on the uncontrolled discretion of…”
Stone's Throw Condo. Ass'n v. SAND COVE (1999)
“84 cause of action against Mouriz survives under section 59.06, Florida Statutes (1995), which specifically allows appellate courts to review dismissals where the pleadings are amended.”
Platel v. MAGUIRE, VOORHIS & WELLS, PA (1983)
“Platel alleges that, under section 59.06, Florida Statutes (1981), this court has no jurisdiction to prohibit him from exercising his right to appeal.”
Ruth v. Sorensen (1958)
“521, Acts of 1853 (now appearing in substantially its original form as § 59.06(1), Fla. Stat. 1957, F.S.A.), which recited that "Whereas, It is expedient that certain orders and judgments of the Circuit Courts of this State, which now depend on the uncontrolled discretion of…”
Ramagli Realty Co. v. Craver (1960)
“[16] See section 59.06, F.S.A. which prescribes those matters which are reviewable on appeal from final judgments.”
Koch v. State Road Department of Florida (1958)
“Section 59.06, Florida Statutes 1957, F.S.”
— 59.06(1) — 3 cases
Osborne v. State (2005)
“See § 59.06(1), Fla. Stat. (1999) (providing the statutory right to appeal from final judgments or orders in civil actions); see also § 394.”
State v. Spaziano (1997)
“521, Acts of 1853 (now appearing in substantially its original form as § 59.06(1), Fla. Stat.1957, F.S.A.), which recited that " Whereas, It is expedient that certain orders and judgments of the Circuit Courts of this State, which now depend on the uncontrolled discretion of…”
Ruth v. Sorensen (1958)
“521, Acts of 1853 (now appearing in substantially its original form as § 59.06(1), Fla. Stat. 1957, F.S.A.), which recited that "Whereas, It is expedient that certain orders and judgments of the Circuit Courts of this State, which now depend on the uncontrolled discretion of…”
— 59.06(2) — 1 case
Stone's Throw Condo. Ass'n v. SAND COVE (1999)
“84 cause of action against Mouriz survives under section 59.06, Florida Statutes (1995), which specifically allows appellate courts to review dismissals where the pleadings are amended.”
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