Category Archives: Uncategorized

Standards of Review in Appellate Courts (continued – Section G)

G. OTHER PRINCIPLES PERTINENT TO STANDARD OF REVIEW 1. The appellate court will not undertake to resolve issues which, though of interest to bench and bar, are not dispositive of the particular case before the court. Pagan v. Sarasota County Public Hosp. Bd., 884 So.2d 257 (Fla. 2d DCA 2004). 2. When a change in … Read More

Standards of Review in Appellate Courts (continued – Section F)

F. STANDARD OF REVIEW IN ADMINISTRATIVE APPEALS 1. Rulings of administrative board acting in quasi-judicial capacity reviewable by certiorari and will be upheld if supported by competent substantial evidence. Schreiber Exp., Inc. v. Yarborough, 257 So.2d 245 (Fla. 1971); De Groot v. Sheffield, 95 So.2d 912 (Fla. 1957). 2. Exercise of local government zoning power … Read More

Standards of Review in Appellate Courts (continued – Section E)

E. STANDARD OF REVIEW FOR PETITION FOR CERTIORARI 1. When the discretionary jurisdiction of the appellate court is invoked, the standard of review is whether the lower court departed from the essential requirements of law. Vermette v. Ludwig, 707 So.2d 742 (Fla. 2d DCA 1997). 2. This standard of review is considered a higher standard … Read More

Standards of Review in Appellate Courts (continued – Section D)

D. REVIEW OF DISCRETIONARY DECISIONS 1. Decisions on matters that are within the discretion of the trial judge will not be reversed by an appellate court unless the appellant has shown an “abuse of discretion.” See Mercer v. Raine, 443 So.2d 944 (Fla. 1983). 2. “Abuse of discretion” is judged by the use of a … Read More

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

Land Mine #10: Motion for New Trial

Land Mine #10: Motion for New Trial A motion for new trial and order entered thereon is a prerequisite to challenging the sufficiency (manifest weight) of the evidence on appeal. The same rule exists for challenging the inadequacy or excessiveness of the verdict. Merely alleging in a motion for a new trial that the verdict … Read More

Land Mine #9: Jury Verdict

Land Mine #9: Jury Verdict To preserve for appellate purposes any error created by the receipt of an internally inconsistent verdict, an objection must be made before the jury is discharged. Inadequate verdicts are challenged by motion for new trial. A major land mine regarding jury verdicts is the two-issue rule. That rule provides: “[W]here … Read More

Land Mine #8: Jury Instructions

Land Mine #8: Jury Instructions Fla. R. Civ. P. 1.470(b) mandates that no party may claim the giving of a jury instruction as error unless that party objects thereto at the charge conference, or the failure to give any instruction unless that party requested the same. Any objection to a jury charge must be timely … Read More

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