Florida Statute 59.35 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

View Entire Chapter

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.

F.S. 59.35 on Google Scholar

F.S. 59.35 on Casetext

Amendments to 59.35

Arrestable Offenses / Crimes under Fla. Stat. 59.35

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 59.35.

Annotations, Discussions, Cases:

Cases Citing Statute 59.35

Total Results: 18

MARIE POLYNICE v. BURGER KING CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-24T00:53:00-07:00

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

BRADLEY ENGLE v. MICHELLE K. ENGLE

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

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

MARLYN TRACEY v. WELLS FARGO BANK N. A.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-27T00:00:00-08:00

Citation: 264 So. 3d 1152

Snippet: though it seldom gets mentioned any more. Section 59.35, Florida Statutes (2018), provides in pertinent…scope of appellate remand at all (unlike section 59.35 and the authorities discussing the scope of remand…on remand going forward in similar Accord § 59.35; see also Morgan Stanley & Co. v. Coleman (Parent… legislative pronouncement of discretion. See § 59.35 ("An appellate court may, in reversing a judgment

In the Interest Of: B.R.C.M.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-30T00:00:00-08:00

Citation: 182 So. 3d 749, 2015 Fla. App. LEXIS 19470

Snippet: . H.S.P., 121 A.3d at 858-59. 35 That B.R.C.M.’s petition

Ascontec Consulting, Inc. v. Young

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-08T00:53:00-07:00

Citation: 714 So. 2d 585

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

Pic N' Save West Florida Corp. v. Sprague

Court: Fla. Dist. Ct. App. | Date Filed: 1991-09-12T00:00:00-07:00

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

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

Kane Furniture Corp. v. Miranda

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-31T23:53:00-08:00

Citation: 506 So. 2d 1061

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

North Dade Golf, Inc. v. Clarke

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-27T00:53:00-07:00

Citation: 439 So. 2d 296

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

Meredith v. Lowe's of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-11-17T23:53:00-08:00

Citation: 405 So. 2d 1061

Snippet: of $20,570.15. The difference remaining was $19,059.35. Appellant contends that section 713.06 limits …pre-abandonment contract price and proper payment was $19,059.35 and the cost of completion $19,900, at the least… of the work and payment of the lienors was $19,059.35. However, the reasonable cost to complete was $19,900

Nowicki v. School Board of Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 1981-07-01T00:00:00-07:00

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

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

Coca-Cola Co., Food Division v. State, Dept.

Court: Fla. | Date Filed: 1981-06-04T00:53:00-07:00

Citation: 406 So. 2d 1079

Snippet: public safety or the public health. Id. 237 U.S. at 59, 35 S.Ct. at 502 (emphasis supplied). In E.B. Elliot

Brooks v. Southern Bell Telephone & Telegraph Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1981-04-29T00:00:00-07:00

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

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

Ridenour v. Sharek

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-27T00:53:00-07:00

Citation: 388 So. 2d 222

Snippet: collision of October 17, 1973? Answer: No. [3] § 59.35, Fla. Stat. (1979). 78-1646/T4-168 District

Costume Bootery, Inc. v. Lansburgh

Court: Fla. Dist. Ct. App. | Date Filed: 1959-06-29T00:00:00-07:00

Citation: 113 So. 2d 283, 1959 Fla. App. LEXIS 3603

Snippet: PER CURIAM. Appeal dismissed. No. 59-35 District Court of Appeal of Florida fladistctapp

Widett v. Widett

Court: Fla. | Date Filed: 1956-06-06T00:00:00-07:00

Citation: 88 So. 2d 769, 1956 Fla. LEXIS 4044

Snippet: this holding is contrary to Sections 59.45, 59.34, 59.35, Florida Statutes, F.S.A., or any statute or decision

Bessett v. Hackett

Court: Fla. | Date Filed: 1953-07-24T00:53:00-07:00

Citation: 66 So. 2d 694

Snippet: new trial on the question of damages only. Sec. 59.35, Florida Statutes 1951, F.S.A. Remsberg v. Mosley

Wallace v. Luxmoore

Court: Fla. | Date Filed: 1945-07-05T00:53:00-07:00

Citation: 156 Fla. 850

Snippet: 35. That Section 59.35, Florida Statutes, 1941, is amended to read as follows: 59.35 JUDGMENT; POWER OF