Category Archives: 4th DCA

Standards of Review in the Appellate Courts (continued – Section C)

C. REVIEW OF LEGAL DECISIONS 1. When an order under review rests purely on legal matters, that order is subject to full, or de novo, review on appeal. See Germ v. St. Luke’s Hosp. Ass’n, 993 So.2d 576 (Fla. 1st DCA 2008); Smith v. Coalition to Reduce Class Size, 827 So.2d 959 (Fla. 2002) (review … Read More

Standards of Review in the Appellate Courts (continued – Section B)

B. REVIEW OF FACTUAL DECISIONS 1. Generally, upon direct review, where the judgment or order appealed is based entirely on resolution of a factual dispute, the appellate court must affirm if the trial court’s decision is supported by competent substantial evidence. Bellino v. W & W Lumber and Bldg. Supplies, Inc., 902 So.2d 829 (Fla. … Read More

Standards of Review in the Appellate Courts

Starting this month, we will be addressing the “standards of review” relied upon by the appellate courts in reviewing the different types of orders and decisions issued by the trial courts. The different standards of review are as follows: A. Presumption of Correctness B. Review of Factual Decisions C. Review of Legal Decisions D. Review … Read More

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