Chapter 59 — Chapter 59
11 sections in this chapter.
Fla. Stat. § 59.04 Appeal from order granting new trial
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Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for final judgment. If the judgment is reversed, the appellate court may direct that final judgment be entered in the trial court for the par…
Fla. Stat. § 59.041 Harmless error; effect
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No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on the ground of misdirection of the jury or the improper admission or rejection of evidence or for error as to any matter of pleading or procedure, unless …
Fla. Stat. § 59.06 Matters reviewable on appeal
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(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 reco…
Fla. Stat. § 59.081 Time for invoking appellate jurisdiction of any court
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(1) The time within which and the method by which the jurisdiction of any court in this state possessed of power to review the action of any other court, commission, officer or bureau may be invoked by appeal, certiorari, petition for review or other process by whatever name desi…
Fla. Stat. § 59.13 Supersedeas on petition for certiorari
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When it appears to the trial court that a petition for certiorari has been or is about to be applied for in an appellate court, the trial court may grant a supersedeas upon petitioner giving a good and sufficient bond, conditioned that the petition shall be duly presented to the …
Fla. Stat. § 59.15 Proceedings in pais; authentication
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Proceedings in pais, not stenographically reported, may be authenticated by recitals in orders, judgments, or decrees, of the trial court, or of the judge thereof, or by a stipulation by the interested parties.
Fla. Stat. § 59.29 Amendment of appellate proceedings
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The appellate court may, at any time, in the furtherance of justice, upon such terms as may be just, permit appellate proceedings to be amended.
Fla. Stat. § 59.33 Quashing appeals; power of appellate court
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Appellate courts shall have power to quash appeals in all cases in which appeals do not lie, or where they are taken against good faith or merely for delay, and may decree in such case damages against the appellant not exceeding 10 percent.
Fla. Stat. § 59.35 Judgment; power of appellate court to direct a new trial upon one or more issues
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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 …
Fla. Stat. § 59.45 Misconception of remedy; Supreme Court
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If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for dismissal; but the notice of appeal and the record thereon shall be regarded and acted on as a petition for certiorari duly presented to t…
Fla. Stat. § 59.46 Attorney’s fees
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In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney’s fees to the prevailing party shall be construed to include the payment of attorney’s fees to the prevailing part…