Fla. Stat. 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.

Source: Section 59.35 — Judgment; power of appellate court to direct a new trial upon one or more issues, https://www.­flsenate.­gov/Laws/Statutes/2024/0059.­35 (accessed Aug. 7, 2025).

Current through Fall 2025

§ 59.35. Judgment; power of appellate court to direct a new trial upon one or more issues's source at flsenate​.gov