Florida Statutes
Fla. Stat. § 59.35 (2025)
Judgment; power of appellate court to direct a new trial upon one or more issues.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1980–2026 · leading case: Marlyn Tracey v. Wells Fargo Bank N. a., 264 So. 3d 1152 (Fla. 2d DCA 2019).
Marlyn Tracey v. Wells Fargo Bank N. a., 264 So. 3d 1152 (Fla. 2d DCA 2019). “Section 59.35, Florida Statutes (2018), provides in pertinent part: 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,…”
Kane Furniture Corp. v. Miranda, 506 So. 2d 1061 (Fla. 2d DCA 1987). “Appellee, relying on Florida Rule of Civil Procedure § 59.35 Fla. Stat. 1985, would have us order a new trial on the employee/independent contractor issue only.”
Ascontec Consulting, Inc. v. Young, 714 So. 2d 585 (Fla. 3d DCA 1998). “NOTES [1] This court does, of course, have the discretion to order a new trial "if the error for which reversal is sought is such as to require a new trial," § 59.35, Fla. Stat. (1997), or in the interests of justice.”
Ridenour v. Sharek, 388 So. 2d 222 (Fla. 5th DCA 1980). “…probability or permanent loss of a bodily function, as a result of the collision of October 17, 1973? Answer: No. [3] § 59.35, Fla. Stat. (1979).”
North Dade Golf, Inc. v. Clarke, 439 So. 2d 296 (Fla. 3d DCA 1983). “See § 59.35, Fla. Stat. (1981) (in reversing order of lower court, appellate court may direct that a new trial be had on all the issues shown by the record or upon a part of such issues only).”
Brooks v. S. Bell Tel. & Tel. Co., 399 So. 2d 1 (Fla. 4th DCA 1981). “See Section 59.35, Florida Statutes (1979). Had the majority agreed with me, on remand the trial court would have been able to consider any motions to amend the pleadings in accordance with Florida Rule of Civil Procedure 1.”
Nowicki v. Sch. Bd. of Broward Cnty., 400 So. 2d 199 (Fla. 4th DCA 1981). “Accordingly, we reverse the order denying the motion for new trial on damages alone and remand for a new trial on liability and damages on authority of Section 59.35, Florida Statutes (1979). REVERSED AND REMANDED.”
Bradley Engle v. Michelle K. Engle (Fla. 2d DCA 2019). “4 Despite the fact that neither Ascontec nor Reis addressed a trial court's failure to make statutorily required findings, the Third District in Broadfoot cited those 4And even in that context, Ascontec did not create a mandatory rule requiring a request for a new trial to be…”
R. J. Reynolds Tobacco Co. v. Linda Prentice, as Pers. etc. (Fla. 1st DCA 2019). “Section 59.35, Florida Statutes (2017), provides: 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…”
Reinaldo Reina Jr. v. William Joseph Klisivitch (Fla. 6th DCA 2025). “Section 59.35, Florida Statutes (2017), provides: 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…”
Kevin Dolan v. Jonathan Negron (Fla. 4th DCA 2026). “Section 59.35, Florida Statutes (2025), provides: 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…”
Marie Polynice v. Burger King Corp. (Fla. 3d DCA 2022). “Section 59.35, Florida Statutes (2017), provides: 2 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…”
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