Florida Statute 59.35 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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F.S. 59.35

59.35 Judgment; power of appellate court to direct a new trial upon one or more issues.—An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be had on all the issues shown by the record or upon a part of such issues only. When a reversal is had, with direction for new trial on a part of the issues, all other issues shall be deemed settled conclusively in favor of the appellee.

History.—s. 1, ch. 6467, 1913; RGS 2921; CGL 4640; s. 35, ch. 22854, 1945.

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Amendments to 59.35

Annotations, Discussions, Cases:

Cases Citing Statute 59.35

Total Results: 13

Kane Furniture Corp. v. Miranda

506 So. 2d 1061, 12 Fla. L. Weekly 935

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 1336474

Cited 20 times | Published

Appellee, relying on Florida Rule of Civil Procedure § 59.35 Fla. Stat. 1985, would have us order a new trial

Ascontec Consulting, Inc. v. Young

714 So. 2d 585, 1998 WL 374725

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 461590

Cited 9 times | Published

is sought is such as to require a new trial," § 59.35, Fla. Stat. (1997), or in the interests of justice

North Dade Golf, Inc. v. Clarke

439 So. 2d 296

District Court of Appeal of Florida | Filed: Sep 27, 1983 | Docket: 1677704

Cited 5 times | Published

which caused plaintiff's orthopedic injuries. See § 59.35, Fla. Stat. (1981) (in reversing order of lower

Ridenour v. Sharek

388 So. 2d 222

District Court of Appeal of Florida | Filed: Jun 27, 1980 | Docket: 420002

Cited 4 times | Published

collision of October 17, 1973? Answer: No. [3] § 59.35, Fla. Stat. (1979).

MARLYN TRACEY v. WELLS FARGO BANK N. A.

264 So. 3d 1152

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572877

Cited 3 times | Published

though it seldom gets mentioned any more. Section 59.35, Florida Statutes (2018), provides in pertinent

Reinaldo Reina Jr. v. William Joseph Klisivitch

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116792

Published

on all damages, but not on liability. Section 59.35, Florida Statutes (2017), provides: An

MARIE POLYNICE v. BURGER KING CORPORATION

District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417102

Published

authority when reversing a trial court judgment). Section 59.35, Florida Statutes (2017), provides:

R. J. Reynolds Tobacco Company v. Linda Prentice, as Personal etc.

District Court of Appeal of Florida | Filed: Oct 24, 2019 | Docket: 16374837

Published

authority when reversing a trial court judgment). Section 59.35, Florida Statutes (2017), provides: An

BRADLEY ENGLE v. MICHELLE K. ENGLE

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875046

Published

discretion to order a new trial" pursuant to section 59.35, Florida Statutes (1997), or even "in the

Pic N' Save West Florida Corp. v. Sprague

589 So. 2d 313, 1991 Fla. App. LEXIS 8999, 1991 WL 175216

District Court of Appeal of Florida | Filed: Sep 12, 1991 | Docket: 64663088

Published

Casualty Co., 360 So.2d 1098 (Fla. 1st DCA 1978); § 59.35, Fla.Stat. (1989). COWART, J., and ANTOON, J.,

Nowicki v. School Board of Broward County

400 So. 2d 199, 1981 Fla. App. LEXIS 20418

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 64583459

Published

trial on liability and damages on authority of Section 59.35, Florida Statutes (1979). REVERSED AND REMANDED

Brooks v. Southern Bell Telephone & Telegraph Co.

399 So. 2d 1, 1981 Fla. App. LEXIS 19373

District Court of Appeal of Florida | Filed: Apr 29, 1981 | Docket: 64582910

Published

new trial on both liability and damages. See Section 59.35, Florida Statutes (1979). Had the majority agreed

Wallace v. Luxmoore

156 Fla. 850

Supreme Court of Florida | Filed: Jul 5, 1945 | Docket: 3272960

Published

may appear according to law. Section 35. That Section 59.35, Florida Statutes, 1941, is amended to read