Florida Statute 59.35 | Lawyer Caselaw & Research

The 2024 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.

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: District Court of Appeal of Florida | Date Filed: 2022-10-12

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: District Court of Appeal of Florida | Date Filed: 2019-10-24

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

BRADLEY ENGLE v. MICHELLE K. ENGLE

Court: District Court of Appeal of Florida | Date Filed: 2019-07-03

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: District Court of Appeal of Florida | Date Filed: 2019-02-27

Citation: 264 So. 3d 1152

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

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

Court: District Court of Appeal of Florida | Date Filed: 2015-12-30

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: District Court of Appeal of Florida | Date Filed: 1998-07-08

Citation: 714 So. 2d 585, 1998 WL 374725

Snippet: is 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: District Court of Appeal of Florida | Date Filed: 1991-09-12

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: District Court of Appeal of Florida | Date Filed: 1987-04-01

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

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: District Court of Appeal of Florida | Date Filed: 1983-09-27

Citation: 439 So. 2d 296

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

Meredith v. Lowe's of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1981-11-18

Citation: 405 So. 2d 1061

Snippet: of $20,570.15. The difference remaining was $19,059.35. Appellant contends that section 713.06 limits

Nowicki v. School Board of Broward County

Court: District Court of Appeal of Florida | Date Filed: 1981-07-01

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: Supreme Court of Florida | Date Filed: 1981-06-04

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: District Court of Appeal of Florida | Date Filed: 1981-04-29

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: District Court of Appeal of Florida | Date Filed: 1980-06-27

Citation: 388 So. 2d 222

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

Costume Bootery, Inc. v. Lansburgh

Court: District Court of Appeal of Florida | Date Filed: 1959-06-29

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

Snippet: PER CURIAM. Appeal dismissed.

Widett v. Widett

Court: Supreme Court of Florida | Date Filed: 1956-06-06

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: Supreme Court of Florida | Date Filed: 1953-07-24

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: Supreme Court of Florida | Date Filed: 1945-07-05

Citation: 156 Fla. 850

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