Florida Statute 59.41 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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F.S. 59.041

59.041 Harmless error; effect.—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 in the opinion of the court to which application is made, after an examination of the entire case it shall appear that the error complained of has resulted in a miscarriage of justice. This section shall be liberally construed.

History.—s. 1, ch. 6223, 1911; RGS 2812; CGL 4499; s. 14, ch. 67-254.

Note.—Former s. 54.23.

F.S. 59.041 on Google Scholar

F.S. 59.041 on CourtListener

Amendments to 59.041

Annotations, Discussions, Cases:

Cases Citing Statute 59.041

Total Results: 352

State v. DiGuilio

491 So. 2d 1129, 11 Fla. L. Weekly 339

Supreme Court of Florida | Filed: Jul 17, 1986 | Docket: 599771

Cited 2681 times | Published

Laws of Florida (1911), currently codified as section 59.041, Fla. Stat. (1985). [7] The statute reads:

Goodwin v. State

751 So. 2d 537, 1999 WL 1186439

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1310078

Cited 205 times | Published

court's acknowledgment of both section 924.33 and section 59.041. See id. at 136 n. 1. Despite the existence

Murphy v. International Robotic Systems, Inc.

766 So. 2d 1010, 2000 WL 1158141

Supreme Court of Florida | Filed: Aug 17, 2000 | Docket: 1697788

Cited 190 times | Published

argument being challenged is harmful.[22]See, e.g., § 59.041, Fla. Stat. (1999); Weise v. Repa Film Int'l,

Frank Special v. West Boca Medical Center

160 So. 3d 1251, 39 Fla. L. Weekly Supp. 676, 2014 Fla. LEXIS 3320, 2014 WL 5856384

Supreme Court of Florida | Filed: Nov 13, 2014 | Docket: 2597258

Cited 121 times | Published

Florida Statutes (1981), applied as opposed to section 59.041. See 491 So.2d at 1133-34. Section 924.33 provides:

Goldschmidt v. Holman

571 So. 2d 422, 1990 WL 191710

Supreme Court of Florida | Filed: Nov 29, 1990 | Docket: 1653584

Cited 110 times | Published

of has resulted in a miscarriage of justice." § 59.041, Fla. Stat. (1989). A "miscarriage of justice"

White Const. Co., Inc. v. Dupont

455 So. 2d 1026

Supreme Court of Florida | Filed: Jul 26, 1984 | Docket: 1316561

Cited 79 times | Published

harmless error and does not warrant a new trial. Section 59.041, Florida Statutes (1981), prohibits ordering

Johnson v. State

393 So. 2d 1069

Supreme Court of Florida | Filed: Dec 11, 1980 | Docket: 138039

Cited 74 times | Published

error. Section 924.33, Florida Statutes (1977); Section 59.041, Florida Statutes (1977). Johnson also contends

Amend. to Fla. Rules of Appellate Proc.

685 So. 2d 773, 1996 WL 673822

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 1414934

Cited 65 times | Published

counterpart of the harmless error statute, section 59.041, Florida Statutes (1975). It incorporates the

Esaw v. Esaw

965 So. 2d 1261, 2007 WL 2891417

District Court of Appeal of Florida | Filed: Oct 5, 2007 | Docket: 1509169

Cited 63 times | Published

persuasive. It takes seriously the provision of section 59.041, Florida Statutes (2004), that "[n]o judgment

Ashland Oil, Inc. v. Pickard

269 So. 2d 714

District Court of Appeal of Florida | Filed: Nov 28, 1972 | Docket: 1258290

Cited 59 times | Published

Hialeah v. Robinson, Fla.App. 1964, 163 So.2d 523; § 59.041, Fla. Stat., F.S.A. In the instant case the trial

Amend. to Fla. Rules of Appellate Proc.

696 So. 2d 1103, 1996 WL 908661

Supreme Court of Florida | Filed: Dec 26, 1996 | Docket: 2037954

Cited 51 times | Published

counterpart of the harmless error statute, section 59.041, Florida Statutes (1975). It incorporates the

State v. Lee

531 So. 2d 133, 1988 WL 93696

Supreme Court of Florida | Filed: Sep 1, 1988 | Docket: 1528591

Cited 51 times | Published

59.041 and 924.33, Florida Statutes (1983). Section 59.041 provides: No judgment shall be set aside or

Florida Patient's Comp. Fund v. Von Stetina

474 So. 2d 783, 10 Fla. L. Weekly 286, 1985 Fla. LEXIS 3242

Supreme Court of Florida | Filed: May 16, 1985 | Docket: 1749901

Cited 38 times | Published

error statute that we are directed to apply. Section 59.041, Florida Statutes (1983), provides that a judgment

Hagan v. Sun Bank of Mid-Florida

666 So. 2d 580, 1996 Fla. App. LEXIS 270, 1996 WL 16593

District Court of Appeal of Florida | Filed: Jan 19, 1996 | Docket: 287400

Cited 37 times | Published

court can override the jury and grant a new trial. § 59.041 Fla. Stat. (1993). Trial judges have other available

Williams v. State

386 So. 2d 538

Supreme Court of Florida | Filed: Jun 12, 1980 | Docket: 2305112

Cited 36 times | Published

affected the substantial rights of appellant. § 59.041, Fla. Stat. (1975); Prince v. Aucilla River Naval

Del Valle v. State

80 So. 3d 999, 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 1935006

Cited 33 times | Published

pay is harmless beyond a reasonable doubt. See § 59.041, Fla. Stat. *1019(2011) (“No judgment shall be

Skiles v. Ryder Truck Lines, Inc.

267 So. 2d 379, 64 A.L.R. 3d 121

District Court of Appeal of Florida | Filed: Sep 20, 1972 | Docket: 1481592

Cited 33 times | Published

Appellant quotes specifically Florida Statute § 59.041, 1970, F.S.A., which reads as follows: [(sic)

Lee v. Crosswhite (In Re Crosswhite)

91 B.R. 156, 1988 Bankr. LEXIS 1596, 1988 WL 100327

United States Bankruptcy Court, M.D. Florida | Filed: Sep 14, 1988 | Docket: 1637568

Cited 29 times | Published

any use by him of its property. N.C.Gen.Stat. § 59-41 (1987) (adopted in 1941). Furthermore, N.C. Gen

Concord Florida, Inc. v. Lewin

341 So. 2d 242

District Court of Appeal of Florida | Filed: Dec 23, 1976 | Docket: 1393617

Cited 24 times | Published

judge at worst committed harmless error. See Section 59.041, Harmless Error, Florida Statutes (1975) and

Dupuis v. 79th Street Hotel, Inc.

231 So. 2d 532

District Court of Appeal of Florida | Filed: Mar 6, 1970 | Docket: 2510081

Cited 24 times | Published

harmless error under these circumstances. See § 59.041, Fla. Stat., F.S.A. After trial, the jury returned

Dupuis v. 79th Street Hotel, Inc.

231 So. 2d 532

District Court of Appeal of Florida | Filed: Mar 6, 1970 | Docket: 2510081

Cited 24 times | Published

harmless error under these circumstances. See § 59.041, Fla. Stat., F.S.A. After trial, the jury returned

Centex-Rooney Const. Co., Inc. v. Martin County

706 So. 2d 20, 1997 WL 795198

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 1280440

Cited 23 times | Published

complaining party. ..."Id. (citations omitted); see also § 59.041, Fla. Stat. (1995)(judgment should not be reversed

Norman v. Gloria Farms, Inc.

668 So. 2d 1016, 1996 WL 46883

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 1290266

Cited 21 times | Published

appellate judges to enlarge the exception. [5] See § 59.041 Fla.Stat. (1995) ("No judgment shall be * * *

Lewis v. State

693 So. 2d 1055, 1997 WL 245196

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 523547

Cited 20 times | Published

of has resulted in a miscarriage of justice.' § 59.041, Fla.Stat. (1989). A `miscarriage of justice'

Gelabert v. State

407 So. 2d 1007

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 467510

Cited 20 times | Published

evidence material to proper issues in the cause. See § 59.041 and § 924.33, Fla. Stat. (1979). REVERSED AND

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

counterpart of the harmless error *849 statute, section 59.041, Florida Statutes (1975). It incorporates the

Massey v. State

609 So. 2d 598, 1992 WL 354463

Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 1738135

Cited 19 times | Published

exactly what the harmless error statute requires. Section 59.041, Florida Statutes (1989), mandates that: No

Executive Car & Truck Leasing v. DeSerio

468 So. 2d 1027, 10 Fla. L. Weekly 1032

District Court of Appeal of Florida | Filed: Apr 24, 1985 | Docket: 1402073

Cited 19 times | Published

necessary and that it constituted harmless error. See § 59.041, Fla. Stat. (1983); Clark v. Choctawatchee Electric

Klette v. Klette

785 So. 2d 562, 2001 WL 288696

District Court of Appeal of Florida | Filed: Mar 27, 2001 | Docket: 1510118

Cited 18 times | Published

Statutes, which contains a similar requirement. Section 59.041, Florida Statutes, the harmless error statute

Romani v. State

542 So. 2d 984, 1989 WL 44354

Supreme Court of Florida | Filed: Apr 27, 1989 | Docket: 468819

Cited 17 times | Published

contained statements of these coconspirators. Section 59.041, Florida Statutes (1987), provides that no

Zamora v. State

361 So. 2d 776

District Court of Appeal of Florida | Filed: Jul 20, 1978 | Docket: 1288417

Cited 16 times | Published

v. State, 270 So.2d 380 (Fla. 3d DCA 1972); Section 59.041, Florida Statutes (1977). Point VI is hereby

Zamora v. State

361 So. 2d 776

District Court of Appeal of Florida | Filed: Jul 20, 1978 | Docket: 1288417

Cited 16 times | Published

v. State, 270 So.2d 380 (Fla. 3d DCA 1972); Section 59.041, Florida Statutes (1977). Point VI is hereby

In Re Proposed Florida Appellate Rules

351 So. 2d 981

Supreme Court of Florida | Filed: Dec 22, 1977 | Docket: 1247477

Cited 16 times | Published

counterpart of the harmless error statute, Section 59.041, Florida Statutes (1975). It incorporates the

State v. Galasso

217 So. 2d 326

Supreme Court of Florida | Filed: Dec 20, 1968 | Docket: 1195646

Cited 16 times | Published

substantial rights of the appellant." See also Section 59.041, Florida Statutes, F.S.A. We conclude that

Kellam v. Thomas

287 So. 2d 733

District Court of Appeal of Florida | Filed: Jan 11, 1974 | Docket: 1653013

Cited 14 times | Published

Section 1128. [5] IV Wigmore, Section 1126. [6] Section 59.041, F.S.

Resnick v. State

287 So. 2d 24

Supreme Court of Florida | Filed: Nov 7, 1973 | Docket: 1653030

Cited 14 times | Published

sufficient to reverse the judgment of conviction. Section 59.041, Florida Statutes, F.S.A. entitled "Harmless

Harris v. McKinney

20 So. 3d 400, 2009 Fla. App. LEXIS 15196, 2009 WL 3232432

District Court of Appeal of Florida | Filed: Oct 9, 2009 | Docket: 1177168

Cited 13 times | Published

absence of the findings. The court noted that section 59.041, Florida Statutes, provides “that ‘[n]o judgment

Saleeby v. Rocky Elson Construction, Inc.

3 So. 3d 1078, 34 Fla. L. Weekly Supp. 106, 2009 Fla. LEXIS 147, 2009 WL 217974

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1653006

Cited 13 times | Published

of has resulted in a miscarriage of justice.” § 59.041, Fla. Stat. (2006). Accordingly, Saleeby is entitled

Pascale v. Federal Exp. Corp.

656 So. 2d 1351, 1995 WL 366359

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 1283509

Cited 13 times | Published

the substantial rights of the complaining party. § 59.041, Fla. Stat. (1993). The test is whether, but for

City of Hollywood v. Jarkesy

343 So. 2d 886

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1304335

Cited 13 times | Published

has resulted in a miscarriage of justice. See § 59.041, Florida Statutes. The principles of law relative

Grenitz v. Tomlian

858 So. 2d 999, 2003 WL 21290887

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 2518147

Cited 12 times | Published

examination of the entire record in this case. See § 59.041, Fla. Stat. The trial court admitted testimony

Medina v. Peralta

724 So. 2d 1188, 1999 WL 20627

Supreme Court of Florida | Filed: Jan 21, 1999 | Docket: 1734047

Cited 12 times | Published

Furtado could be deemed harmless error under section 59.041, Florida Statutes (1995).[3] When examining

Weiss v. State

720 So. 2d 1113, 1998 WL 764677

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1719187

Cited 12 times | Published

section 924.33, Florida Statutes (1997); see § 59.041, Fla.Stat. (1997), unequivocally applicable to

Travelers Ins. Co. v. Jefferson Nat. Bank

404 So. 2d 1131, 32 U.C.C. Rep. Serv. (West) 1144, 1981 Fla. App. LEXIS 21421

District Court of Appeal of Florida | Filed: Oct 20, 1981 | Docket: 1782321

Cited 12 times | Published

basis for a reversal and remand for a new trial. § 59.041, Fla. Stat. (1979). It is true, as the majority

Hillson v. Deeson

383 So. 2d 732

District Court of Appeal of Florida | Filed: May 13, 1980 | Docket: 457388

Cited 12 times | Published

v. State, 330 So.2d 91, 93 (Fla.1st DCA 1976); § 59.041, Fla. Stat. (1979). This affirmance, however,

Arango v. Reyka

507 So. 2d 1211, 12 Fla. L. Weekly 1397

District Court of Appeal of Florida | Filed: Jun 3, 1987 | Docket: 460112

Cited 11 times | Published

use resulted in a miscarriage of justice. See § 59.041, Fla. Stat. (1985). By a cross appeal, plaintiff

Arango v. Reyka

507 So. 2d 1211, 12 Fla. L. Weekly 1397

District Court of Appeal of Florida | Filed: Jun 3, 1987 | Docket: 460112

Cited 11 times | Published

use resulted in a miscarriage of justice. See § 59.041, Fla. Stat. (1985). By a cross appeal, plaintiff

Fischer v. State

429 So. 2d 1309

District Court of Appeal of Florida | Filed: Apr 14, 1983 | Docket: 1667563

Cited 11 times | Published

of six was harmless. Under Florida Statutes, Section 59.041, this does not require a new trial. Further

Quiles v. State

523 So. 2d 1261, 1988 WL 39139

District Court of Appeal of Florida | Filed: Apr 27, 1988 | Docket: 1517281

Cited 10 times | Published

have resulted in a miscarriage of justice. See § 59.041, Fla. Stat. (1985). Appellant also argues that

Decks, Inc. v. Nunez

299 So. 2d 165

District Court of Appeal of Florida | Filed: Jul 24, 1974 | Docket: 1499260

Cited 10 times | Published

we conclude the error to be harmless. See F.S. § 59.041. We can eliminate from our discussion here, the

Mills v. State

177 So. 3d 984, 2015 Fla. App. LEXIS 13826, 2015 WL 5447808

District Court of Appeal of Florida | Filed: Sep 17, 2015 | Docket: 60251258

Cited 9 times | Published

error doctrine used in civil cases like this one. § 59.041, Fla. Stat. (“No judgment shall be set aside or

FINR v. Marshall

943 So. 2d 976

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1526824

Cited 9 times | Published

of has resulted in a miscarriage of justice." § 59.041, Fla. Stat. (2006). In a civil case, an error

State v. Turro

724 So. 2d 1216, 1998 WL 877543

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1733956

Cited 9 times | Published

section 924.33, Florida Statutes (1997); see § 59.041, Fla. Stat. (1997), unequivocally applicable to

Corbett v. Seaboard Coastline RR Co.

375 So. 2d 34

District Court of Appeal of Florida | Filed: Sep 18, 1979 | Docket: 1353251

Cited 9 times | Published

not result in a "miscarriage of justice." See Section 59.041, Florida Statutes (1977); Rance v. Hutchinson

Wallace v. Rashkow

270 So. 2d 743

District Court of Appeal of Florida | Filed: Dec 19, 1972 | Docket: 596335

Cited 9 times | Published

State, Fla.App. 1970, 233 So.2d 428, Fla. Stat. § 59.041, F.S.A., harmless error; effect. The second point

Reyes v. State

253 So. 2d 907

District Court of Appeal of Florida | Filed: Oct 5, 1971 | Docket: 1451019

Cited 9 times | Published

State, 110 So.2d 654 (Fla. 1959). [2] Fla.Stats., § 59.041, F.S.A.; Goddard v. State, 143 Fla. 28, 196 So

Stecher v. Pomeroy

244 So. 2d 488

District Court of Appeal of Florida | Filed: Jan 29, 1971 | Docket: 1538850

Cited 9 times | Published

insurance coverage, such error was harmless. F.S. Section 59.041, F.S.A. The judgment is affirmed. CROSS, C

Hewitt v. Price

222 So. 2d 247

District Court of Appeal of Florida | Filed: Apr 29, 1969 | Docket: 1751192

Cited 9 times | Published

that this matter would be governed by Fla. Stat. § 59.041, F.S.A. and would, at most, constitute harmless

DeMello v. Buckman

916 So. 2d 882, 2005 WL 2990487

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1187614

Cited 8 times | Published

error constitutes a miscarriage of justice. See § 59.041. [2] Even if there had been evidence, it appears

Cleveland Clinic Florida v. Wilson

685 So. 2d 15, 1996 WL 655767

District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1735189

Cited 8 times | Published

State, 553 So.2d 240 (Fla. 3d DCA 1989); see also § 59.041, Fla. Stat. (1995) (providing that a judgment

Poole v. Lowell Dunn Co.

573 So. 2d 51, 1990 WL 212014

District Court of Appeal of Florida | Filed: Dec 26, 1990 | Docket: 1518734

Cited 8 times | Published

thus resulting in a "miscarriage of justice," see § 59.041, Fla. Stat. (1989), which constitutes prejudicial

Gonzalez v. Leon

511 So. 2d 606, 12 Fla. L. Weekly 1485

District Court of Appeal of Florida | Filed: Jun 16, 1987 | Docket: 1339325

Cited 8 times | Published

plaintiffs have failed to show, as they must, see § 59.041, Fla. Stat. (1985); Fla.R.App.P. 9.040(d); Whitman

Rollins Burdick Hunter v. Euroclassics Ltd.

502 So. 2d 959, 12 Fla. L. Weekly 439, 1987 Fla. App. LEXIS 12389

District Court of Appeal of Florida | Filed: Feb 3, 1987 | Docket: 1657684

Cited 8 times | Published

the trial court's judgment must be reversed. See § 59.041, Fla. Stat. (1985); see also Saunders v. Florida

Alonso v. Fernandez

379 So. 2d 685

District Court of Appeal of Florida | Filed: Feb 5, 1980 | Docket: 1277036

Cited 8 times | Published

Bessett v. Hackett, 66 So.2d 694 (Fla. 1953); § 59.041, Fla. Stat. (1977).[2] *689 IV Those portions

Jones v. Airport Rent-A-Car, Inc.

342 So. 2d 104

District Court of Appeal of Florida | Filed: Feb 1, 1977 | Docket: 421201

Cited 8 times | Published

and therefore, error, if any, was harmless. Section 59.041, Florida Statutes (1975). We have considered

Washwell, Inc. v. Morejon

294 So. 2d 30

District Court of Appeal of Florida | Filed: Mar 19, 1974 | Docket: 1736500

Cited 8 times | Published

worst, this action was harmless error. Fla. Stat. § 59.041, F.S.A. It may be inferred from the jury's verdict

Brevard County v. Jacks

238 So. 2d 156

District Court of Appeal of Florida | Filed: Jul 31, 1970 | Docket: 552464

Cited 8 times | Published

miscarriage of justice. I would affirm the judgment. Section 59.041, F.S. 1967, F.S.A. NOTES [1] 40 Am.Jur.2d

R.J. Reynolds Tobacco Co. v. Hiott

129 So. 3d 473, 2014 WL 88031, 2014 Fla. App. LEXIS 100

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237416

Cited 7 times | Published

compensatory damages. The legislature has directed in section 59.041, Florida Statutes: No judgment shall be set

Berube v. State

5 So. 3d 734, 2009 Fla. App. LEXIS 1502, 2009 WL 454602

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1663241

Cited 7 times | Published

next task is to decide if the error was harmless. § 59.041, Fla. Stat. (2008). The harmless error test, as

H & H ELEC., INC. v. Lopez

967 So. 2d 345, 2007 WL 2935372

District Court of Appeal of Florida | Filed: Oct 10, 2007 | Docket: 1733598

Cited 7 times | Published

has resulted in a miscarriage of justice.'" Id.; § 59.041, Fla. Stat. (2006). Furthermore, *349 "[a] `miscarriage

Fravel v. Haughey

727 So. 2d 1033, 1999 WL 76059

District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 1438280

Cited 7 times | Published

from dispassionate consideration). *1040 See also § 59.041, Cleveland Clinic Florida v. Wilson, 685 So.2d

Rucker v. Garlock, Inc.

672 So. 2d 100, 1996 Fla. App. LEXIS 4101, 1996 WL 194332

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 1763795

Cited 7 times | Published

Russell, Inc., 589 So.2d 983 (Fla. 4th DCA 1991); § 59.041, Fla.Stat. (1995). Rucker points to two of the

Heuss v. State

660 So. 2d 1052, 1995 WL 106305

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1755930

Cited 7 times | Published

is not asserted by the state. We note that section 59.041, Florida Statutes, the harmless error *1059

Seckington v. State

424 So. 2d 194

District Court of Appeal of Florida | Filed: Jan 5, 1983 | Docket: 471904

Cited 7 times | Published

appellant was an accident and was not intentional. § 59.041, Fla. Stat. (1981). The judgment of conviction

Williams v. State

399 So. 2d 999

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 428272

Cited 7 times | Published

harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of

Williams v. State

400 So. 2d 471

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1677144

Cited 7 times | Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

ITT-Nesbitt, Inc. v. VALLE'S STEAK HOUSE, ETC.

395 So. 2d 217

District Court of Appeal of Florida | Filed: Feb 25, 1981 | Docket: 1692945

Cited 7 times | Published

Actually it is more precise to quote directly from Section 59.041, Florida Statutes (1979), which varies somewhat

AMERICAN NAT. BANK OF JACKSONVILLE v. Norris

368 So. 2d 897

District Court of Appeal of Florida | Filed: Feb 26, 1979 | Docket: 1389290

Cited 7 times | Published

Nall, 302 So.2d 781 (Fla.3d DCA 1974); and Section 59.041, Florida Statutes (1977). We have considered

Stewart v. Cook

218 So. 2d 491

District Court of Appeal of Florida | Filed: Feb 12, 1969 | Docket: 1516465

Cited 7 times | Published

overall adequacy of the charge to the jury. Section 59.041, F.S. 1967, F.S.A. The appellants have raised

Hollenbeck v. Hooks

993 So. 2d 50, 2008 WL 3861350

District Court of Appeal of Florida | Filed: Aug 21, 2008 | Docket: 2550271

Cited 6 times | Published

justice. This section shall be liberally construed." § 59.041, Fla. Stat. The result here was a miscarriage

In Re Doe

973 So. 2d 548, 2008 WL 53616

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1688405

Cited 6 times | Published

Applying a harmless error analysis as mandated by section 59.041, Florida Statutes (2007),[9] the panel concluded

Murray v. Haley

833 So. 2d 877, 2003 WL 56994

District Court of Appeal of Florida | Filed: Jan 8, 2003 | Docket: 1258659

Cited 6 times | Published

because, assuming that appellants are required by section 59.041, Florida Statutes (2001), to demonstrate that

Bush v. Holmes

767 So. 2d 668, 2000 WL 1459744

District Court of Appeal of Florida | Filed: Oct 3, 2000 | Docket: 1194000

Cited 6 times | Published

prejudice much less "a miscarriage of justice." See § 59.041, Fla. Stat. (1999) ("No judgment shall be set

Gumberg v. Gumberg

755 So. 2d 710, 1999 WL 597421

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 1699438

Cited 6 times | Published

from which the claim of bias arose. Finally, section 59.041, Florida Statutes (1997), provides that a judgment

TALLAHASSEE MEMORIAL MED. CTR., INC. v. Meeks

560 So. 2d 778, 1990 WL 68259

Supreme Court of Florida | Filed: Mar 29, 1990 | Docket: 49371

Cited 6 times | Published

TMRMC has indeed met these requirements. [5] § 59.041, Fla. Stat. (1989), states: No judgment shall

Cross v. Lakeview Center, Inc.

529 So. 2d 307, 1988 WL 72183

District Court of Appeal of Florida | Filed: Jul 14, 1988 | Docket: 1523776

Cited 6 times | Published

above do not show that the error was reversible. § 59.041, Fla. Stat. Dr. Monahan's testimony was cumulative

Holman v. State

347 So. 2d 832

District Court of Appeal of Florida | Filed: Jul 6, 1977 | Docket: 1290541

Cited 6 times | Published

State, 340 So.2d 969 (Fla. 1st D.C.A. 1976); Section 59.041, Florida Statutes (1975). Therefore, the convictions

Houston v. State

337 So. 2d 852

District Court of Appeal of Florida | Filed: Oct 6, 1976 | Docket: 1735086

Cited 6 times | Published

of appellant and was harmless error. *854 See § 59.041 and 924.33, Florida Statutes (1975), and Cunningham

Ennis v. State

300 So. 2d 325

District Court of Appeal of Florida | Filed: Sep 17, 1974 | Docket: 1729316

Cited 6 times | Published

error, we conclude that it was harmless error. Section 59.041, Florida Statutes, provides as follows: "No

Special v. Baux

79 So. 3d 755, 2011 Fla. App. LEXIS 18090, 2011 WL 5554531

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2412998

Cited 5 times | Published

history of the harmless error rule contained in section 59.041, Florida Statutes (2009) — the circumstances

Southstar Equity, LLC v. Lai Chau

998 So. 2d 625, 2008 Fla. App. LEXIS 1442, 2008 WL 313606

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1341845

Cited 5 times | Published

379 So.2d 964, 965 (Fla. 2d DCA 1979); see also § 59.041, Fla. Stat. (2006) (providing that judgments should

Green v. State

826 So. 2d 351, 2002 WL 1225004

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1197679

Cited 5 times | Published

court from applying the harmless error test. Section 59.041, Florida Statutes (2001), provides that no

Herbello v. Perez

754 So. 2d 840, 2000 WL 346169

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 2552387

Cited 5 times | Published

trial. Therefore, the error, if any, was harmless. § 59.041, Fla. Stat. (1999); Katos v. Cushing, 601 So.2d

Weise v. REPA FILM INTERN. INC.

683 So. 2d 1128, 1996 WL 710794

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 466154

Cited 5 times | Published

to demonstrate that the error was not harmless. § 59.041, Fla.Stat. (1995); Hagan, 666 So.2d at 587. In

Massey v. State

589 So. 2d 336, 1991 WL 226462

District Court of Appeal of Florida | Filed: Oct 31, 1991 | Docket: 1441289

Cited 5 times | Published

complained of has resulted in a miscarriage of justice. § 59.041, Fla. Stat. (1989). Here there is no contention

Brogan v. Mullins

452 So. 2d 940

District Court of Appeal of Florida | Filed: Jul 12, 1984 | Docket: 1517694

Cited 5 times | Published

reversible error because the harmless error statute, section 59.041, Florida Statutes, limits reversal to errors

Landrum v. State

430 So. 2d 549

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 446017

Cited 5 times | Published

there were error, such error was harmless under section 59.041, Florida Statutes (1981). However, we feel

Alberger v. Harvison

342 So. 2d 537

District Court of Appeal of Florida | Filed: Feb 8, 1977 | Docket: 421530

Cited 5 times | Published

harmless in nature, not warranting reversal. Section 59.041, Florida Statutes (1975). Appellants next claim

LaFleur v. Castlewood International Corp.

294 So. 2d 21

District Court of Appeal of Florida | Filed: Mar 26, 1974 | Docket: 1736315

Cited 5 times | Published

McCollum, Fla. 1962, 140 So.2d 569; Fla. Stat. § 59.041, F.S.A. In Glaab v. Caudill, Fla.App. 1970, 236

SEABOARD COAST LINE RAILROAD COMPANY v. Magnuson

288 So. 2d 302, 1974 Fla. App. LEXIS 8183

District Court of Appeal of Florida | Filed: Jan 8, 1974 | Docket: 707536

Cited 5 times | Published

are satisfied such error was harmless. F.S. Section 59.041, F.S.A. Point IV is concerned with an evidentiary

Liberty Mutual Insurance Company v. Flitman

234 So. 2d 390, 1970 Fla. App. LEXIS 6517

District Court of Appeal of Florida | Filed: Apr 21, 1970 | Docket: 1267875

Cited 5 times | Published

specific area amounted to harmless error at most. § 59.041, Fla. Stat., F.S.A. *392 The trial court struck

Liberty Mutual Insurance Company v. Flitman

234 So. 2d 390, 1970 Fla. App. LEXIS 6517

District Court of Appeal of Florida | Filed: Apr 21, 1970 | Docket: 1267875

Cited 5 times | Published

specific area amounted to harmless error at most. § 59.041, Fla. Stat., F.S.A. *392 The trial court struck

USAA Cas. Ins. Co. v. Shelton

932 So. 2d 605, 2006 Fla. App. LEXIS 10785, 2006 WL 1791708

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1684870

Cited 4 times | Published

706 So.2d 20, 26 (Fla. 4th DCA 1997); see also § 59.041, Fla. Stat. (2005). Accordingly, we affirm the

Dorsey v. Reddy

931 So. 2d 259, 2006 WL 1707986

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 1522298

Cited 4 times | Published

and did not cause a miscarriage of justice. See § 59.041, Fla. Stat. (1999). The thrust of Dorsey's objection

General Motors Corp. v. McGee

837 So. 2d 1010

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1527516

Cited 4 times | Published

errors "resulted in a miscarriage of justice." § 59.041, Fla. Stat. (2001). The jury was not swept away

NATIONAL HEALTHCORP v. Close

787 So. 2d 22, 2001 WL 37858

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1496339

Cited 4 times | Published

orders restricting discovery was harmless. See § 59.041, Fla. Stat. (1995). Accordingly, we hold it was

National Union Fire Ins. Co. v. Blackmon

754 So. 2d 840, 2000 WL 354199

District Court of Appeal of Florida | Filed: Apr 7, 2000 | Docket: 1523478

Cited 4 times | Published

error was harmless under section 59.041, Florida Statutes (1995). Section 59.041 provides, in pertinent

Stephenson v. Cobb

763 So. 2d 1195, 2000 WL 60921

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1681778

Cited 4 times | Published

that a miscarriage of justice has occurred. See § 59.041, Fla. Stat. (1997). The other evidence (including

Lawson v. State

552 So. 2d 257, 1989 WL 133045

District Court of Appeal of Florida | Filed: Nov 8, 1989 | Docket: 1663502

Cited 4 times | Published

2d 19 (Fla. 5th DCA 1988). Seldom quoted is section 59.041, Florida Statutes (1987), the chapter entitled

Policastro v. Myers

420 So. 2d 324

District Court of Appeal of Florida | Filed: Sep 8, 1982 | Docket: 1306928

Cited 4 times | Published

account of the exclusion of the depositions. Section 59.041, Florida Statutes (1981). AFFIRMED. HERSEY

Libertucci v. State

395 So. 2d 1223

District Court of Appeal of Florida | Filed: Mar 24, 1981 | Docket: 1317871

Cited 4 times | Published

a miscarriage of justice" standard found in Section 59.041, Florida Statutes (1979) (applicable to the

Gee v. State

400 So. 2d 466

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1263680

Cited 4 times | Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, *468 FLORIDA STATUTES (1979), TO THE FAILURE

Dowd v. Star Mfg. Co.

385 So. 2d 179

District Court of Appeal of Florida | Filed: Jul 8, 1980 | Docket: 1337948

Cited 4 times | Published

that the testimony of Mernes was harmless.[2] § 59.041, Fla. Stat. (1977); State v. Galasso, 217 So.2d

Winn-Dixie Stores, Inc. v. Nall

302 So. 2d 781

District Court of Appeal of Florida | Filed: Oct 22, 1974 | Docket: 2589267

Cited 4 times | Published

the error, if any, is harmless. See Fla. Stat. § 59.041. We have also considered appellant's remaining

Grayson v. Fishlove

266 So. 2d 38

District Court of Appeal of Florida | Filed: Jul 18, 1972 | Docket: 506336

Cited 4 times | Published

error could possibly have resulted. Fla. Stat. § 59.041, F.S.A. See Coral Plaza Corporation, Inc. v. Hersman

Mortimer v. State

100 So. 3d 99, 2012 WL 3711413, 2012 Fla. App. LEXIS 14492

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60226109

Cited 3 times | Published

3 nor “resulted in a miscarriage of justice.” § 59.041, Fla. Stat. (2010).4 As the Supreme Court has

State Farm Fire & Casualty Co. v. Pettigrew

884 So. 2d 191, 2004 Fla. App. LEXIS 11219, 2004 WL 1666036

District Court of Appeal of Florida | Filed: Jul 28, 2004 | Docket: 64833451

Cited 3 times | Published

of has resulted in a miscarriage of justice.” § 59.041, Fla. Stat. (2001). In other words, “considering

McPherson v. Phillips

877 So. 2d 755, 2004 WL 1255652

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1285184

Cited 3 times | Published

that reversible error occurred in this case. See § 59.041, Fla. Stat. (2002) (providing that "[n]o judgment

Kammer v. Hurley

765 So. 2d 975, 2000 WL 1258285

District Court of Appeal of Florida | Filed: Sep 6, 2000 | Docket: 428900

Cited 3 times | Published

Fuller, 453 So.2d 547, 548 (Fla. 4th DCA 1984); § 59.041, Fla. Stat. (1999) (judgment should not be reversed

Johnson v. State

728 So. 2d 1204, 1999 WL 141790

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 171486

Cited 3 times | Published

to the county court for a new trial. NOTES [1] § 59.041, Fla.Stat. (1997). [2] In a "disciplined professional

Powerhouse, Inc. v. Walton

557 So. 2d 186, 1990 WL 16869

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 1512294

Cited 3 times | Published

of has resulted in a miscarriage of justice." § 59.041, F.S. A party is entitled to have his case judged

Vidal v. Rivas

556 So. 2d 1150, 1990 WL 2092

District Court of Appeal of Florida | Filed: Jan 16, 1990 | Docket: 1528339

Cited 3 times | Published

was error, at most it would also be harmless. Section 59.041, Florida Statutes (1987). As to the amount

Espinosa v. State

496 So. 2d 236, 11 Fla. L. Weekly 2270

District Court of Appeal of Florida | Filed: Oct 28, 1986 | Docket: 428196

Cited 3 times | Published

defendant convicted of second-degree murder); § 59.041, Fla. Stat. (1985); § 924.33, Fla. Stat. (1985)

Chambliss v. White Motor Corp.

481 So. 2d 6, 10 Fla. L. Weekly 2566, 1985 Fla. App. LEXIS 5936

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 1529301

Cited 3 times | Published

also that prejudice actually resulted from it. § 59.041, Fla. Stat. (1983). Appellants also contend the

Busch v. State

466 So. 2d 1075, 10 Fla. L. Weekly 40

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 438710

Cited 3 times | Published

Pitts v. State, 88 Fla. 438, 102 So. 554 (1924); § 59.041, Fla. Stat. (1981). Finally, Busch contends that

Mall Motel Corp. v. Wayside Restaurants, Inc.

377 So. 2d 41

District Court of Appeal of Florida | Filed: Nov 27, 1979 | Docket: 1521712

Cited 3 times | Published

reversal and remand for a new trial is mandated. § 59.041, Fla. Stat. (1977). III We have carefully considered

Joseph R. McGee, Husband v. Angeline E. McGee, Wife

264 So. 3d 1087

District Court of Appeal of Florida | Filed: Feb 4, 2019 | Docket: 14533671

Cited 2 times | Published

785 So. 2d 562 (Fla. 1st DCA 2001). See also § 59.041, Fla. Stat. (2017). The former husband also

Ring Power Corporation v. Condado-Perez

219 So. 3d 1028, 2017 WL 2672621, 2017 Fla. App. LEXIS 8991

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078175

Cited 2 times | Published

943 So.2d 976, 979 (Fla. 2d DCA 2006) (quoting § 59,041, Fla. Stat. (2006)). The court’s determination

Gawker Media, LLC v. Bollea

170 So. 3d 125, 2015 Fla. App. LEXIS 9983, 2015 WL 4031705

District Court of Appeal of Florida | Filed: Jul 2, 2015 | Docket: 2679119

Cited 2 times | Published

a miscarriage of justice); see also § 59.041, Fla. Stat. (2015) (same); Aills v. Boemi

Worthen v. Worthen

991 So. 2d 400, 2008 WL 4225804

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1401245

Cited 2 times | Published

of has resulted in a miscarriage of justice." § 59.041.... Indeed, the wife has made no attempt to show

Enterprise Leasing Co. v. Sosa

907 So. 2d 1239, 2005 Fla. App. LEXIS 11054, 2005 WL 1678541

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 1574493

Cited 2 times | Published

to establish that this error was harmful. See § 59.041, Fla. Stat. (2004). However, we find that even

General Motors Corp. v. Porritt

891 So. 2d 1056, 2004 Fla. App. LEXIS 17801, 2004 WL 2630851

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 1704472

Cited 2 times | Published

be reversed and that a new trial be conducted. § 59.041, Fla. Stat. (2003). Reversed and remanded. FULMER

Leinhart v. Jurkovich

882 So. 2d 456, 2004 WL 1933560

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1686421

Cited 2 times | Published

physical examination. We also harken back to section 59.041, Florida Statutes (1994), which states that

Teat v. City of Apalachicola

880 So. 2d 819, 2004 Fla. App. LEXIS 11811, 2004 WL 1800722

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 1294997

Cited 2 times | Published

not be read to preclude the application of section 59.041, Florida Statutes, and the harmless error analysis

McKeehan v. State

838 So. 2d 1257, 2003 WL 1092750

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 461413

Cited 2 times | Published

affected the substantial rights of appellant. § 59.041, Fla. Stat. (1975). 386 So.2d at 540 (footnote

Teichner & Mella, PA v. BUTLER EX REL. FULTON

600 So. 2d 507, 1992 WL 123504

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 1527803

Cited 2 times | Published

writ discharged, 253 So.2d 421 *509 (Fla. 1971); § 59.041, Fla. Stat. (1989). The second of the claimed

Puga v. Suave Shoe Corp.

417 So. 2d 678

District Court of Appeal of Florida | Filed: Jun 1, 1982 | Docket: 1383458

Cited 2 times | Published

counterpart of the harmless error statute, Section 59.041, Florida Statutes (1975). It incorporates the

Holmes v. State

412 So. 2d 429

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1525840

Cited 2 times | Published

544-545 (Fla. 3d DCA 1981). [3] Ibid. [4] Section 59.041, Florida Statutes (1979) provides: Harmless

Zettler v. Ehrlich

384 So. 2d 928

District Court of Appeal of Florida | Filed: Jun 17, 1980 | Docket: 1678507

Cited 2 times | Published

Essentially because of the harmless error rule, see Section 59.041, Florida Statutes (1977), I concur in the decision

Beach v. HALIFAX HOSPITAL DIST.

360 So. 2d 114, 1978 Fla. App. LEXIS 16194

District Court of Appeal of Florida | Filed: Jun 8, 1978 | Docket: 1738538

Cited 2 times | Published

negligence between the parties. NOTES [1] Section 59.041, Florida Statutes, provides, in pertinent part:

West v. Food Fair Stores, Inc.

305 So. 2d 280

District Court of Appeal of Florida | Filed: Dec 31, 1974 | Docket: 457073

Cited 2 times | Published

or harm renders it harmless error pursuant to § 59.041, Fla. Stat. See Dierickx v. Wisehart, Fla.App

In Re Siddons

297 So. 2d 54

District Court of Appeal of Florida | Filed: Jun 26, 1974 | Docket: 451213

Cited 2 times | Published

because the error was harmless. See, Fla. Stat. § 59.041, F.S.A. We agree. An appellate court will not

In Re Estate of Dalton

246 So. 2d 612, 1971 Fla. App. LEXIS 6822

District Court of Appeal of Florida | Filed: Mar 9, 1971 | Docket: 1329303

Cited 2 times | Published

expert witness testimony would be harmless error. § 59.041, Fla. Stat., F.S.A. For these reasons the order

Fonell v. Williams

26 So. 2d 800, 157 Fla. 673, 1946 Fla. LEXIS 827

Supreme Court of Florida | Filed: Jul 2, 1946 | Docket: 3273572

Cited 2 times | Published

"transferred" to Chapter 59 and renumbered Section 59.41; the forty-second to forty-fourth sections are

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc.

254 So. 3d 256

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6383098

Cited 1 times | Published

the error here was not harmless. See § 59.041, Fla. Stat. (providing that the harmless error

Vickers v. Thomas

237 So. 3d 412

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6252168

Cited 1 times | Published

as authoritative, the errors were harmless. See § 59.041, Fla. Stat. (2011); see also Herbello v. Perez

White v. Ocwen Loan Servicing, LLC

159 So. 3d 1009, 2015 Fla. App. LEXIS 4201, 2015 WL 1319777

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2644393

Cited 1 times | Published

Inc., 697 So.2d 545 (Fla. 4th DCA 1997); § 59.041, Florida Statutes (2014). On the legal merits

Walker v. State

55 So. 3d 718, 2011 Fla. App. LEXIS 2696, 2011 WL 729029

District Court of Appeal of Florida | Filed: Mar 3, 2011 | Docket: 2408653

Cited 1 times | Published

when it results in a miscarriage of justice. See § 59.041, Fla. Stat. (providing that judgments in civil

Hayes v. State

55 So. 3d 699, 2011 Fla. App. LEXIS 2663, 2011 WL 709881

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 2407652

Cited 1 times | Published

construction." Pascale, 656 So.2d at 1354 (quoting § 59.041, Fla. Stat.). It is abundantly clear that a different

Rossen v. Solomon Smith Barney, Inc.

48 So. 3d 131, 2010 Fla. App. LEXIS 17903, 2010 WL 4628295

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 60296518

Cited 1 times | Published

PER CURIAM. Affirmed. See § 59.041, Fla. Stat. (2009). GROSS, C.J., FARMER and STEVENSON, JJ„ concur

Bell v. State Farm Mutual Automobile Insurance Company

30 So. 3d 684, 2010 Fla. App. LEXIS 3814, 2010 WL 1050044

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1121220

Cited 1 times | Published

rendered the error harmless to appellants."); § 59.041, Fla. Stat. (2007). Affirmed. GROSS, C.J., FARMER

Republican Party of Miami-Dade County v. Davis

18 So. 3d 1112, 2009 Fla. App. LEXIS 12508, 2009 WL 2601834

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1640222

Cited 1 times | Published

those set forth in the order under review. See § 59.041, Fla. Stat. (2008). Our analysis pretermits any

Broward County Sheriff's Office v. Brody

969 So. 2d 447, 2007 WL 3355359

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1726019

Cited 1 times | Published

a harmless error analysis as is required by section 59.041, Florida Statutes (2006).[1] Unlike the summaries

Bradley v. Southern Baptist Hosp.

943 So. 2d 202, 2006 WL 3017218

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1526726

Cited 1 times | Published

justice. This section shall be liberally construed. § 59.041, Fla. Stat. (2003). After reviewing the record

Crowe v. Lowe

942 So. 2d 903, 2006 WL 1409420

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 1737591

Cited 1 times | Published

deposition resulted in a miscarriage of justice. § 59.041, Fla. Stat. (2004); Nat'l Union Fire Ins. Co.

Sampson v. State

903 So. 2d 1055, 2005 WL 1457681

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1257883

Cited 1 times | Published

test for harmfulness or harmlessness. See, e.g., § 59.041, Fla. Stat. (2004); State v. DiGuilio, 491 So

Ryder TRS, Inc. v. Hirsch

900 So. 2d 608, 2005 WL 475411

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 1514196

Cited 1 times | Published

of has resulted in a miscarriage of justice." § 59.041, Fla. Stat. (1989). A "miscarriage of justice"

Levin v. Ethan Allen, Inc.

823 So. 2d 132, 2002 WL 561378

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1512732

Cited 1 times | Published

proffer because the appellee failed to assert it. Section 59.041, Florida Statutes (2002), our harmless error

Lewis v. Lewis

807 So. 2d 777, 2002 Fla. App. LEXIS 1879, 2002 WL 242658

District Court of Appeal of Florida | Filed: Feb 21, 2002 | Docket: 64812628

Cited 1 times | Published

applying the harmless error analysis required by section 59.041, Florida Statutes, and affirmed. The former

Anchor Bank, S.S.B. v. Conrardy

763 So. 2d 360, 1998 Fla. App. LEXIS 9521, 1998 WL 422255

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64799004

Cited 1 times | Published

3d DCA 1985), but deem it inapposite. See also § 59.041, Fla. Stat. (1997). Additionally, we find no reversible

NORTH BEACH ASS'N OF ST. LUCIE COUNTY, INC. v. St. Lucie County

706 So. 2d 62, 1998 Fla. App. LEXIS 919, 1998 WL 39560

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1682566

Cited 1 times | Published

counterpart of the harmless error statute, section 59.041, Florida Statutes (1975). It incorporates the

State Farm Mut. Auto. Ins. Co. v. Miller

688 So. 2d 935, 1996 WL 670055

District Court of Appeal of Florida | Filed: Mar 17, 1997 | Docket: 2532810

Cited 1 times | Published

harmless error statutes, the one involved here, section 59.041, and the harmless error statute to be applied

Hernandez v. State

687 So. 2d 972, 1997 Fla. App. LEXIS 1205, 1997 WL 66534

District Court of Appeal of Florida | Filed: Feb 19, 1997 | Docket: 64771108

Cited 1 times | Published

cumulatively, the conviction is affirmed. See § 59.041, Fla. Stat. (1995); Davis v. State, 590 So.2d

Parrish v. AmSouth Bank, N.A.

657 So. 2d 1189, 1995 Fla. App. LEXIS 5321, 1995 WL 296250

District Court of Appeal of Florida | Filed: May 17, 1995 | Docket: 64757839

Cited 1 times | Published

could ultimately be rendered harmless. And section 59.041, Florida Statutes provides that no judgment

Brunelle v. State

456 So. 2d 1324, 9 Fla. L. Weekly 2172, 1984 Fla. App. LEXIS 15369

District Court of Appeal of Florida | Filed: Oct 10, 1984 | Docket: 64607245

Cited 1 times | Published

applicable to criminal cases only, and the second is Section 59.041, Florida Statutes (1983). The latter, the court

Haislip v. State

400 So. 2d 473

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 324554

Cited 1 times | Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

In Re Emergency Amendments to Rules, Etc.

381 So. 2d 1370

Supreme Court of Florida | Filed: Mar 27, 1980 | Docket: 1757964

Cited 1 times | Published

counterpart of the harmless error statute, Section 59.041, Florida Statutes (1975). It incorporates the

State v. Monsees

301 So. 2d 109

District Court of Appeal of Florida | Filed: Oct 4, 1974 | Docket: 1338804

Cited 1 times | Published

and the result is just. The mandate contained in § 59.041, F.S. 1973, is most pertinent here. It commands

Brantley v. State

279 So. 2d 290

Supreme Court of Florida | Filed: Jun 13, 1973 | Docket: 1522173

Cited 1 times | Published

resulted in "a miscarriage of justice." Fla. Stat. § 59.041, F.S.A. *292 There was no indication that the

Walker v. Walker

254 So. 2d 832, 1971 Fla. App. LEXIS 5803

District Court of Appeal of Florida | Filed: Dec 2, 1971 | Docket: 64523203

Cited 1 times | Published

there has been a miscarriage of justice. F.S.A. § 59.041. We think, however, after examining the entire

Dixon v. State

227 So. 2d 740

District Court of Appeal of Florida | Filed: Jun 23, 1969 | Docket: 64511944

Cited 1 times | Published

however, the Rules are not all-comprehensive. Section 59.041, F.S.1967, F.S.A. provides: “59.041 Harmless

Atmore v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71097804

Published

regardless of whether the State argues it. See § 59.041, Fla. Stat. (2024) ("No judgment shall be

John A. Miller v. Janay Conney

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70571738

Published

admission “has resulted in a miscarriage of justice.” § 59.041, Fla. Stat. According to the supreme court, Ms

Brandon J. Bartels v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186680

Published

DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986); see also § 59.041, Fla. Stat. (“No judgment shall be set aside or

Ruibens Salomon v. State of Florida

District Court of Appeal of Florida | Filed: Apr 30, 2025 | Docket: 69998652

Published

affected the substantial rights of the appellant”); § 59.041, Fla. Stat. (2021) (“No judgment shall be set

Emily Mize English v. Port St. Lucie Police Department

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525399

Published

cannot be reversed if an error is harmless. See § 59.041, Fla. Stat. (2023). An error is harmless if “there

Julio Rocael Aguilar Lopez v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369934

Published

the conviction must accordingly be affirmed. See § 59.041, Fla. Stat. (2021) (providing that a judgment

WILLIAM A. JULIA v. MELISSA RAMOS-BAEZ

District Court of Appeal of Florida | Filed: Aug 23, 2024 | Docket: 69074230

Published

appealed without a transcript also implements Section 59.041, Florida Statutes, which provides:

James Seadler v. Marina Bay Resort Condominium Association, Inc.

Supreme Court of Florida | Filed: Dec 21, 2023 | Docket: 68107500

Published

a “miscarriage of justice,” as required by section 59.041, Florida Statutes, and therefore, it had no

MARIA MESA v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917348

Published

Wright’s hearsay testimony was harmless. See § 59.041, Fla. Stat. (2021); R.J. Reynolds Tobacco Co

Mark D. Sievers v. State of Florida

Supreme Court of Florida | Filed: Nov 17, 2022 | Docket: 65761625

Published

sentence. Our Court disagreed, relying on section 59.041, Florida Statutes (1989). That statute instructs

KASAN GARSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008464

Published

sanction order was harmless as a matter of law. See § 59.041, Fla. Stat. (2003) (“No judgment shall be set

MIGUEL PENA MONTES DE OCA AND PATRICIA OJEDA v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Jan 19, 2022 | Docket: 62607491

Published

error with the jury instructions is harmless. See § 59.041, Fla. Stat. (2021) (“No judgment shall be set

DAVID PARSONS AND MARLA PARSONS v. PATRICIA CULP

District Court of Appeal of Florida | Filed: Sep 17, 2021 | Docket: 60392387

Published

these documents rose to that level of harm. See § 59.041, Fla. Stat. (2016) ("No judgment shall be

BEVERLY WILLIAMS v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Aug 18, 2021 | Docket: 60199077

Published

necessarily reversible errors. See Fla. Stat. § 59.041 (2020) (“No judgment shall be set aside or reversed

LISA CAVANAUGH, as Personal Representative of the ESTATE OF WILLIAM CAVANAUGH v. STRYKER CORPORATION

District Court of Appeal of Florida | Filed: Oct 7, 2020 | Docket: 18512282

Published

rule with respect to civil cases is rooted in section 59.041, Florida Statutes (2003), which focuses on

MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, and Rick Newberger

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973291

Published

harmless and the judgment should be affirmed. § 59.041, Fla. Stat. (2019) (“No judgment shall be set

KENNETH ALAN PEARSON v. SHAY RAE PEARSON

268 So. 3d 863

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775755

Published

error, if any, was harmless." (first citing § 59.041, Fla. Stat. (1999); and then citing Katos v.

Rodriguez v. State

260 So. 3d 469

District Court of Appeal of Florida | Filed: Dec 4, 2018 | Docket: 8346788

Published

rather than the harmless error standard of section 59.041, Florida Statutes.1

Rodriguez v. State

District Court of Appeal of Florida | Filed: Nov 4, 2018 | Docket: 8345940

Published

rather than the harmless error standard of section 59.041, Florida Statutes.1

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc. – Corrected Opinion

Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7775005

Published

Additionally, the error here was not harmless. See § 59.041, Fla. Stat. (providing that the harmless error

Francisco Rodriguez v. State of Florida

248 So. 3d 1085

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417584

Published

justice” test codified by the Legislature in section 59.041, Florida Statutes (2017). Lee, 531 So. 2d at

Alexis Cantore, etc. v. West Boca Medical Center, Inc., etc.

242 So. 3d 1032

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6376665

Published

Additionally, the error here was not harmless. See § 59.041, Fla. Stat. (providing that the harmless error

HEATHER IRIMI, etc. v. R.J. REYNOLDS TOBACCO CO.

District Court of Appeal of Florida | Filed: Jan 10, 2018 | Docket: 6258285

Published

the error resulted in a miscarriage of justice. § 59.041, Fla. Stat. (2015). When a trial court is deciding

Philip Morris USA, Inc. v. Duignan

243 So. 3d 426

District Court of Appeal of Florida | Filed: Nov 15, 2017 | Docket: 6223856

Published

otherwise they may not have reached."); see also § 59.041, Fla. Stat. (2015) (setting forth the civil harmless

Unlimited Check Cashing, Corp. v. Wri Jt Tamiami Trail, Lp

222 So. 3d 637, 2017 Fla. App. LEXIS 9370, 2017 WL 2791446

District Court of Appeal of Florida | Filed: Jun 28, 2017 | Docket: 6081451

Published

C., 977 So.2d 749, 752 (Fla. 4th DCA 2008); section 59.041, Florida Statutes (2016). No such showing has

Ring Power Corporation v. Condado-Perez

District Court of Appeal of Florida | Filed: Apr 7, 2017 | Docket: 4670185

Published

943 So. 2d 976, 979 (Fla. 2d DCA 2006) (quoting § 59.041, Fla. Stat. (2006)). The court's determination

Rodriguez v. State

215 So. 3d 194, 2017 Fla. App. LEXIS 4641

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 60264621

Published

statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) (“No judgment shall be set

Rodriguez v. State

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669320

Published

statements at issue was, at best, harmless. See § 59.041, Fla. Stat. (2015) (“No judgment shall be set

Robert Lee Henderson v. State of Florida

212 So. 3d 1098, 2017 WL 945912, 2017 Fla. App. LEXIS 3297

District Court of Appeal of Florida | Filed: Mar 10, 2017 | Docket: 4619334

Published

shackles did not result in a miscarriage of justice. § 59.041, Fla. Stat. (2017).

Cranney v. Cranney

206 So. 3d 162, 2016 Fla. App. LEXIS 18335

District Court of Appeal of Florida | Filed: Dec 14, 2016 | Docket: 4552654

Published

965 So.2d 1261, 1265 (Fla. 2d DCA 2007) (quoting § 59.041, Fla. Stat. (2004)). In the absence of a transcript

Randy Kent v. State of Florida

162 So. 3d 1046

District Court of Appeal of Florida | Filed: Apr 7, 2015 | Docket: 2647622

Published

that the error contributed to the conviction.” § 59.041, Fla. Stat. (2013); State v. DiGuilio,

Southern Baptist Hospital of Florida, Inc. v. Johnston ex rel. Johnston

112 So. 3d 787, 2013 WL 2150825, 2013 Fla. App. LEXIS 8046

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231279

Published

the battle would have ended any differently. See § 59.041, Fla. Stat. (2012).

N.M. v. Department of Children & Families

103 So. 3d 1005, 2012 Fla. App. LEXIS 21692

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60226833

Published

abuse of discretion, were harmless, or both. See § 59.041, Fla. Stat. (1967); Johnston v. State, 863 So

Plaut v. NORWEGIAN CRUISE LINE, LTD.

2 So. 3d 1120, 2009 Fla. App. LEXIS 1500, 2009 WL 454467

District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1139207

Published

appeal is subject to a harmless error analysis. § 59.041, Fla. Stat. (2007); Herbello v. Perez, 754 So

Racoma v. Hannans

978 So. 2d 873, 2008 Fla. App. LEXIS 5502, 2008 WL 1734532

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 64854579

Published

trial court to reinstate the jury’s verdict. See § 59.041, Fla. Stat. (2005) (stating that “[n]o judgment

USAA Casualty Insurance Co. v. McDermott

929 So. 2d 1114, 2006 Fla. App. LEXIS 7873, 2006 WL 1359640

District Court of Appeal of Florida | Filed: May 19, 2006 | Docket: 64844797

Published

different result may have been reached); see also § 59.041, Fla. Stat. (2002). USAA’s second issue is probably

Samuels v. Luxury Imports of Palm Beach, Inc.

930 So. 2d 760, 2006 Fla. App. LEXIS 7136, 2006 WL 1234984

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64845197

Published

*761Luxury Imports on the liability issues. See § 59.041, Fla. Stat. Affirmed. WARNER, KLEIN, JJ., and

Lora v. Escaffi

913 So. 2d 613, 2005 Fla. App. LEXIS 3071, 2005 WL 545192

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 64840756

Published

with the essential justice of the result.” See § 59.041, Fla. Stat. (2003) 1; Maksad v. Kaskel, 832 So

Dones v. Moss

884 So. 2d 230, 2004 Fla. App. LEXIS 11660, 2004 WL 1750112

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 64833459

Published

Jarkesy, 343 So.2d 886, 888 (Fla. 4th DCA 1977); see § 59.041, Fla. Stat. (2002). In Midtown Enterprises, Inc

Lara v. State

868 So. 2d 1224, 2004 Fla. App. LEXIS 3295, 2004 WL 575711

District Court of Appeal of Florida | Filed: Mar 17, 2004 | Docket: 64829061

Published

PER CURIAM. Affirmed. See § 59.041, Fla. Stat. (2003); Bradley v. State, 787 So.2d 732, 743-44 (Fla

Short v. Florida Unemployment Appeals Commission

868 So. 2d 567, 2004 Fla. App. LEXIS 900, 2004 WL 231310

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828966

Published

PER CURIAM. Affirmed. See § 59.041, Fla. Stat. (2003); Smith v. Unemployment Appeals Comm’n 698 So.2d

Owen v. Moore

852 So. 2d 351, 2003 Fla. App. LEXIS 12181, 28 Fla. L. Weekly Fed. D 1896

District Court of Appeal of Florida | Filed: Aug 14, 2003 | Docket: 64824379

Published

follow the law, any error was harmless. Pursuant to § 59.041, Fla. Stat. (2002), no judgment shall be set aside

Amendments to Florida Rules of Appellate Procedure

827 So. 2d 888, 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372

Supreme Court of Florida | Filed: Aug 29, 2002 | Docket: 64818042

Published

counterpart of the harmless error statute, section 59.041, Florida Statutes (1975). It incorporates the

Briois v. State Farm Mutual Automobile Insurance Co.

807 So. 2d 720, 2002 Fla. App. LEXIS 1135, 2002 WL 180881

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64812595

Published

Salzverg, 696 So.2d 1278 (Fla. 3d DCA 1997); § 59.041, Fla. Stat. (2001)(harmless error). Affirmed.

Hopper v. Reno

778 So. 2d 1065, 2001 Fla. App. LEXIS 2153, 2001 WL 195063

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64803944

Published

regarding the amount of damages was harmless. See § 59.041, Fla. Stat. (1999). The denial of the motion to

Nita Corp. v. Kagan

766 So. 2d 410, 2000 Fla. App. LEXIS 10366, 2000 WL 1153320

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64800190

Published

improper arguments, we find these to be harmless. See § 59.041, Fla. Stat. (1999); Decks, Inc. v. Nunez, 299

Texidor v. Bennett M. Lifter, Inc.

756 So. 2d 224, 2000 Fla. App. LEXIS 4779, 2000 WL 482843

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64796920

Published

given, served to confuse or mislead the jury. See § 59.041, Fla. Stat. (1999); Florida Power & Light Co.

Martinez v. Vega

751 So. 2d 1268, 2000 Fla. App. LEXIS 2756, 2000 WL 276832

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 64795377

Published

as “lay opinion” going to an ultimate issue. Section 59.041 Florida Statutes (1999)provides: Harmless error;

Quito v. Compania De Vapores Ocean Breeze S.A.

743 So. 2d 1178, 1999 Fla. App. LEXIS 14172, 1999 WL 973586

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 64791921

Published

that the claimed error was harmless at best. See § 59.041, Fla. Stat. (1995); Stecher v. Pomeroy, 253 So

Jean v. Theodorsen

736 So. 2d 1240, 1999 Fla. App. LEXIS 8348, 1999 WL 415195

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789379

Published

record, we find the error to be harmless. See § 59.041, Fla. Stat. (1997). The expert was a neurosurgeon

Sanchez v. Union American Insurance

728 So. 2d 334, 1999 Fla. App. LEXIS 2541, 1999 WL 123531

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786810

Published

PER CURIAM. Affirmed. See § 59.041, Fla. Stat. (1997); Goldschmidt v. Holman, 571 So.2d 422 (Fla.*3351990);

McClain v. Ev Clay Associates, Inc.

723 So. 2d 368, 1998 Fla. App. LEXIS 16418, 1998 WL 903700

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 64785113

Published

PER CURIAM. Affirmed. See § 59.041, Fla. Stat. (1993).

Martinez v. Hertz Corp.

696 So. 2d 1212, 1997 Fla. App. LEXIS 5847, 1997 WL 277601

District Court of Appeal of Florida | Filed: May 28, 1997 | Docket: 64775025

Published

error in the other issues urged for reversal. See § 59.041, Fla.Stat. (1995); Ed Ricke & Sons, Inc. v. Green

Suros v. State

688 So. 2d 424, 1997 Fla. App. LEXIS 1708, 1997 WL 80282

District Court of Appeal of Florida | Filed: Feb 26, 1997 | Docket: 64771244

Published

PER CURIAM. Affirmed. § 59.041, Fla. Stat. (1995); Gentile v. State, 673 So.2d 76 (Fla. 5th DCA 1996);

Hardwick v. State

683 So. 2d 1169, 1996 Fla. App. LEXIS 13242, 1996 WL 724255

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769467

Published

PER CURIAM. Affirmed. Fla. Stat. § 59.041 (1995); Griffin v. State, 639 So.2d 966 (Fla.1994), cert.

Orlando v. State

681 So. 2d 912, 1996 Fla. App. LEXIS 11115, 1996 WL 604462

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 64768485

Published

entire trial and therefore affirm on the basis of § 59.041, Fla. Stat. (1995); Holton v. State, 573 So.2d

Carye v. Boca Raton Hotel & Club Ltd. Partnership

676 So. 2d 1020, 1996 Fla. App. LEXIS 6688, 1996 WL 346117

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64766166

Published

committed by the trial court was harmless. See § 59.041, Fla. Stat.(1995). AFFIRMED. SHAHOOD, J., and

Washington v. State

768 So. 2d 1093, 1995 Fla. App. LEXIS 11947, 1995 WL 675422

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64800847

Published

the first issue and affirm on the authority of § 59.041, Fla. Stat. (1993); Ferguson v. State, 417 So

Horowitz v. Crossing Shopping Village Assoc, Ltd.

661 So. 2d 957, 1995 Fla. App. LEXIS 11381

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64759535

Published

PER CURIAM. Affirmed. § 59.041, Fla.Stat. (1993); Tyus v. Apalachicola Northern R.R., 130 So.2d 580

Wak, Ltd. v. Simkins Industries, Inc.

658 So. 2d 571, 1995 Fla. App. LEXIS 6929, 1995 WL 380112

District Court of Appeal of Florida | Filed: Jun 28, 1995 | Docket: 64758004

Published

Inc. The judgment is affirmed on authority of section 59.041, Florida Statutes (1993). The foreclosure judgment

Harris v. State

655 So. 2d 1263, 1995 Fla. App. LEXIS 5783, 1995 WL 322641

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 64756691

Published

1986). Nonetheless, the harmless error statute, section 59.041, Florida Statutes (1993), had been in existence

Carnival Cruise Lines, Inc. v. Sanders

648 So. 2d 251, 1994 Fla. App. LEXIS 12584, 1994 WL 715210

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 64753246

Published

PER CURIAM. Affirmed. Section 59.041, Fla.Stat. (1993); Yehia v. Rouge Steel Corp., 898 F.2d 1178 (6th

Samick Corp. v. Jackson

645 So. 2d 1095, 1994 Fla. App. LEXIS 11513, 1994 WL 665719

District Court of Appeal of Florida | Filed: Nov 30, 1994 | Docket: 64752364

Published

rev. denied, 574 So.2d 143 (Fla.1990); see also § 59.041, Fla.Stat. (1991). Thus, a violation of the statute

De Mendoza v. Saastopankkien Keskus-Osakepankki

643 So. 2d 659, 1994 Fla. App. LEXIS 9476, 1994 WL 540475

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 64751423

Published

error in excluding the testimony was harmless. § 59.041, Fla. Stat. (1993); White Const. Co., Inc. v.

In Interest of Ssj

634 So. 2d 198, 1994 Fla. App. LEXIS 2522, 1994 WL 86476

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 1737687

Published

appeal. Therefore, no remand is necessary. See § 59.041, Fla. Stat. (1993). Our opinion should not be

Bulk Carriers, Inc. v. Truong

629 So. 2d 960, 1993 Fla. App. LEXIS 13212, 1993 WL 530934

District Court of Appeal of Florida | Filed: Dec 22, 1993 | Docket: 64745381

Published

miscarriage of justice which would warrant a new trial. § 59.041, Fla.Stat. (1991). DELL, C.J., and STONE and WARNER

Vann v. American Motorists Insurance Co.

627 So. 2d 601, 1993 Fla. App. LEXIS 12103, 1993 WL 500326

District Court of Appeal of Florida | Filed: Dec 7, 1993 | Docket: 64744410

Published

Mutnich, 481 So.2d 999, 1001 (Fla. 4th DCA 1986); § 59.041, Fla.Stat. (1991). Accordingly, we affirm the

Benjamin ex rel. Benjamin v. Leebeman

630 So. 2d 1134, 1993 Fla. App. LEXIS 9527, 1993 WL 365119

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 64745989

Published

PER CURIAM. Affirmed. See Section 59.041, Fla.Stat. (1991); Westbrook v. All Points, Inc., 384 So.2d

Valdes v. Munne Enterprises, Inc.

612 So. 2d 701, 1993 Fla. App. LEXIS 593, 1993 WL 15653

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693765

Published

The jury instruction point has no merit. See § 59.-041, Fla.Stat. (1991); Sweet Paper Sales Corp. v.

Hialeah, Inc. v. Ocala Breeders' Sales Co.

609 So. 2d 161, 1992 Fla. App. LEXIS 12697, 1992 WL 360988

District Court of Appeal of Florida | Filed: Dec 8, 1992 | Docket: 64692280

Published

1992) renders any procedural error harmless, see § 59.041, Fla.Stat. (1991), and the nunc pro tunc order

Civile v. Civile

600 So. 2d 51, 1992 Fla. App. LEXIS 7723, 1992 WL 147159

District Court of Appeal of Florida | Filed: Jun 30, 1992 | Docket: 64667920

Published

judgment is therefore affirmed under authority of section 59.041, Florida Statutes (1991). Affirmed.

Sanchez v. Sanchez

596 So. 2d 1283, 1992 Fla. App. LEXIS 4931, 1992 WL 84154

District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 64666669

Published

PER CURIAM. Affirmed. See Section 59.041, Florida Statutes (1991).

Haws v. State

590 So. 2d 1125, 1992 Fla. App. LEXIS 22, 1992 WL 247

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664010

Published

Section 90.803(1) and (2), Fla.Stat. (1989). . Section 59.041, Fla.Stat. (1989). . In the light of this

Sun Bank/Miami, N.A. v. Consolidated Bank, N.A.

588 So. 2d 14, 1991 Fla. App. LEXIS 10658, 1991 WL 205836

District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 64662538

Published

Gilmour, 465 So.2d 566 (Fla. 3d DCA 1985); Section 59.041, Florida Statutes (1989).

Sun Bank/Miami, N.A. v. Consolidated Bank, N.A.

588 So. 2d 14, 1991 Fla. App. LEXIS 10658, 1991 WL 205836

District Court of Appeal of Florida | Filed: Oct 15, 1991 | Docket: 64662538

Published

Gilmour, 465 So.2d 566 (Fla. 3d DCA 1985); Section 59.041, Florida Statutes (1989).

Whitesides v. Whitesides

585 So. 2d 498, 1991 Fla. App. LEXIS 9139, 1991 WL 181447

District Court of Appeal of Florida | Filed: Sep 17, 1991 | Docket: 64661379

Published

Bambrick, 165 So.2d 449 (Fla. 2d DCA 1964); Section 59.041, Florida Statutes (1989).

Alexander v. Lara

575 So. 2d 787, 1991 Fla. App. LEXIS 2179

District Court of Appeal of Florida | Filed: Mar 12, 1991 | Docket: 64656893

Published

Edge Ass’n, 532 So.2d 1097 (Fla. 3d DCA 1988); § 59.041, Fla.Stat. (1989).

Sheila Food Specialties, Inc. v. Wilton Foods, Inc.

558 So. 2d 500, 1990 Fla. App. LEXIS 1753, 1990 WL 29491

District Court of Appeal of Florida | Filed: Mar 20, 1990 | Docket: 64648860

Published

procedural errors complained of are harmless. See § 59.041, Fla.Stat. (1989). The settlement agreement construed

Tomlinson v. Register

553 So. 2d 766, 14 Fla. L. Weekly 2919, 1989 Fla. App. LEXIS 7063, 1989 WL 152151

District Court of Appeal of Florida | Filed: Dec 15, 1989 | Docket: 64646955

Published

Norris, 368 So.2d 897 (Fla. 1st DCA 1979). Under section 59.041, Florida Statutes (1985), reversible error

Howard Johnson Co. v. Limauge

549 So. 2d 1093, 1989 Fla. App. LEXIS 5240, 1989 WL 110939

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 64645360

Published

Disney World Co. v. Wood, 515 So.2d 198 (Fla.1987); § 59.041, Fla. Stat. (1987).

Santana v. State

535 So. 2d 689, 14 Fla. L. Weekly 94, 1988 Fla. App. LEXIS 5733, 1988 WL 138532

District Court of Appeal of Florida | Filed: Dec 27, 1988 | Docket: 64639267

Published

defendant as to upset the instant convictions. § 59.041, Fla.Stat. (1985). Cf. Pritchett v. State, 414

Richards v. Department of Health & Rehabilitative Services

530 So. 2d 504, 13 Fla. L. Weekly 2078, 1988 Fla. App. LEXIS 4015, 1988 WL 91171

District Court of Appeal of Florida | Filed: Sep 6, 1988 | Docket: 64636742

Published

v. Bland, 99 So.2d 727 (Fla. 2d DCA 1958); Section 59.041 Florida Statutes (1987). Therefore, the order

Alvarez v. La Associacion I.N.E.D., Inc.

524 So. 2d 502, 1988 Fla. App. LEXIS 1853, 1988 WL 45250

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 64634541

Published

Jur.2d *503Evidence and Witnesses § 664 (1981); § 59.041, Fla.Stat. (1987).

Reed v. Liz Construction, Inc.

522 So. 2d 1000, 1988 Fla. App. LEXIS 1249, 1988 WL 26349

District Court of Appeal of Florida | Filed: Mar 29, 1988 | Docket: 64633858

Published

Inc. v. Taft, 247 So.2d 97 (Fla. 3d DCA 1971); § 59.041, Fla.Stat. (1985).

McMahon v. Spalding & Evenflo Companies, Inc.

516 So. 2d 1, 1987 Fla. App. LEXIS 11133, 1987 WL 1780

District Court of Appeal of Florida | Filed: Nov 24, 1987 | Docket: 64631165

Published

PER CURIAM. Affirmed on the authority of Section 59.-041, Florida Statutes (1985) and Section 90.803(6)

Herise v. Tatum, Gomez, Smith & Vitale Construction, Inc.

509 So. 2d 988, 1987 Fla. App. LEXIS 9376

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 64628361

Published

Rashkow, 270 So.2d 743 (Fla. 3d DCA 1973); Section 59.041 Florida Statutes (1985).

ADC Del Vista A Corp. v. L.E.F. Construction, Inc.

507 So. 2d 1136, 1987 Fla. App. LEXIS 7918

District Court of Appeal of Florida | Filed: Apr 28, 1987 | Docket: 64627461

Published

Apartments, Inc., 215 So.2d 42 (Fla. 4th DCA 1968); Section 59.041 Florida Statutes (1985).

Martinez v. Central National Life Insurance Co.

505 So. 2d 693, 1987 Fla. App. LEXIS 7859

District Court of Appeal of Florida | Filed: Apr 21, 1987 | Docket: 64626481

Published

*694section 627.616, Florida Statutes (1983); section 59.041, Florida Statutes (1983).

Hogg v. Kenland Bend South Condominium, Inc.

504 So. 2d 532, 1987 Fla. App. LEXIS 7440

District Court of Appeal of Florida | Filed: Mar 31, 1987 | Docket: 64626027

Published

PER CURIAM. Affirmed. § 59.041, Fla.Stat. (1983); see In re Johnson, 157 Fla. 25, 24 So.2d 711 (1946);

Torres v. Nelson

502 So. 2d 963, 1987 Fla. App. LEXIS 6605

District Court of Appeal of Florida | Filed: Feb 3, 1987 | Docket: 64625154

Published

PER CURIAM. Affirmed. Section 59.041, Florida Statutes (1985); O’Brien v. Ortiz, 467 So.2d 1056, 1057

Dennis v. Pearl

500 So. 2d 344, 12 Fla. L. Weekly 182, 1987 Fla. App. LEXIS 6244

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 64624130

Published

Johnson, 157 Fla. 26, 24 So.2d 711 (1946); Section 59.041, Florida Statutes (1985). While there can be

Woelfel v. Firestone Tire & Rubber Co.

493 So. 2d 472, 11 Fla. L. Weekly 1361, 1986 Fla. App. LEXIS 8387

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 64621321

Published

1979), cert. denied, 383 So.2d 1202 (Fla.1980); § 59.041, Fla.Stat.(1983). Finally, as to the cross appeal

Liberty Mutual Insurance Co. v. Gisela Investments, N.V.

485 So. 2d 485, 1986 Fla. App. LEXIS 7032

District Court of Appeal of Florida | Filed: Mar 25, 1986 | Docket: 64618193

Published

Henningsen v. Smith, 174 So.2d 85 (Fla. 2d DCA 1965); § 59.041, Fla.Stat. (1983); Annot., 65 A.L.R.3d 1128, 1132-33

Howard v. State

471 So. 2d 208, 10 Fla. L. Weekly 1547, 1985 Fla. App. LEXIS 14651

District Court of Appeal of Florida | Filed: Jun 20, 1985 | Docket: 64612686

Published

S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981); § 59.041, Fla.Stat. (1983); § 924.33, Fla.Stat. (1983)

Underwriters at LaConcorde v. Airtech Services, Inc.

468 So. 2d 386, 10 Fla. L. Weekly 1048, 1985 Fla. App. LEXIS 13598

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 64611749

Published

effect at the time rendered the error harmless. See § 59.041, Fla.Stat. (1977). Jury instructions should be

Jones v. White

468 So. 2d 275, 10 Fla. L. Weekly 700, 1985 Fla. App. LEXIS 12962

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64611726

Published

could not have affected the outcome of the trial. § 59.041, Fla.Stat. (1983). We cannot accept the proposition

First National Monetary Corp. v. Weisberg

464 So. 2d 1255, 1985 Fla. App. LEXIS 12494

District Court of Appeal of Florida | Filed: Feb 19, 1985 | Docket: 64610435

Published

Gumenick, 144 So.2d 533 (Fla. 3d DCA 1962); Section 59.041, Florida Statutes (1983).

Moore v. State

452 So. 2d 1059, 1984 Fla. App. LEXIS 14551

District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 64605930

Published

Company, 409 So.2d 232 (Fla. 1st DCA 1982); Section 59.041 Florida Statutes (1981). Therefore the matter

Shabsels v. Moskowitz

451 So. 2d 1042, 1984 Fla. App. LEXIS 13795

District Court of Appeal of Florida | Filed: Jun 26, 1984 | Docket: 64605535

Published

DCA), cert. denied, 378 So.2d 342 (Fla.1979); § 59.041, Fla. Stat. (1983).

Pulitzer v. Pulitzer

449 So. 2d 370, 1984 Fla. App. LEXIS 12791

District Court of Appeal of Florida | Filed: Apr 18, 1984 | Docket: 64604441

Published

were erroneous, such errors were harmless. Section 59.041, Florida Statutes (1983); Alexander v. Alterman

Gray v. Break

440 So. 2d 1297, 1983 Fla. App. LEXIS 21856

District Court of Appeal of Florida | Filed: Oct 6, 1983 | Docket: 64600944

Published

we find that error to be harmless in view of section 59.041, Florida Statutes (1981),2 the “harmless error”

Gray v. State Department of Health & Rehabilitative Services

433 So. 2d 1029, 1983 Fla. App. LEXIS 29002

District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 64597997

Published

DCA 1981), app. dism., 412 So.2d 467 (Fla.1982); § 59.041, Fla.Stat. (1981).

Taylor v. State

429 So. 2d 1258, 1983 Fla. App. LEXIS 18955

District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 64596457

Published

Nevertheless, we believe that the dictates of Section 59.041, Florida Statutes (1979), pertaining to harmless

1-3-5-8 Corp. v. Miami Purveyors, Inc.

427 So. 2d 1118, 1983 Fla. App. LEXIS 27785

District Court of Appeal of Florida | Filed: Mar 15, 1983 | Docket: 64595552

Published

National Bank, 344 So.2d 273 (Fla. 1st DCA 1977); Section 59.041 Florida Statutes (1981).

Kelly v. Fundora

426 So. 2d 1272, 1983 Fla. App. LEXIS 27850

District Court of Appeal of Florida | Filed: Feb 15, 1983 | Docket: 64595166

Published

PER CURIAM. Affirmed. See: Section 59.041 Florida Statutes (1981).

Florida College v. Wilsher

410 So. 2d 969, 1982 Fla. App. LEXIS 19392

District Court of Appeal of Florida | Filed: Mar 8, 1982 | Docket: 64588389

Published

malingering. 2 Larson Workmen’s Compensation Law § 59.41 at 10-508; 10-511 to 10-512 (1981) (footnote cites

Fasano v. Diebold, Inc.

401 So. 2d 896, 1981 Fla. App. LEXIS 20618

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 64584160

Published

convinced that the error, if any, was harmless. Section 59.041, Florida Statutes (1979). AFFIRMED. LETTS,

Vera v. State

405 So. 2d 1000, 1981 Fla. App. LEXIS 20585

District Court of Appeal of Florida | Filed: Jul 17, 1981 | Docket: 64586041

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Fairweather v. State

400 So. 2d 1279, 1981 Fla. App. LEXIS 20277

District Court of Appeal of Florida | Filed: Jun 25, 1981 | Docket: 64583877

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Ranney v. State

399 So. 2d 423, 1981 Fla. App. LEXIS 20084

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583021

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Ranney v. State

399 So. 2d 423, 1981 Fla. App. LEXIS 20084

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583021

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Doe v. State

405 So. 2d 994, 1981 Fla. App. LEXIS 19962

District Court of Appeal of Florida | Filed: Jun 1, 1981 | Docket: 64586038

Published

harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of

Moyers v. State

400 So. 2d 769, 1981 Fla. App. LEXIS 19977

District Court of Appeal of Florida | Filed: May 28, 1981 | Docket: 64583688

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Williams v. State

399 So. 2d 999, 1981 Fla. App. LEXIS 19860

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 64583312

Published

harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of

Studstill v. State

397 So. 2d 753, 1981 Fla. App. LEXIS 19675

District Court of Appeal of Florida | Filed: Apr 30, 1981 | Docket: 64582203

Published

harmless error doctrine, section 924.33 and section 59.041, Florida Statutes (1979), to the failure of

McCovick v. State

400 So. 2d 473, 1981 Fla. App. LEXIS 19242

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64583570

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Heggs v. State

397 So. 2d 369, 1981 Fla. App. LEXIS 19244

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64582116

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Nelms v. State

397 So. 2d 372, 1981 Fla. App. LEXIS 19247

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 64582117

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Holland v. State

400 So. 2d 767, 1981 Fla. App. LEXIS 19116

District Court of Appeal of Florida | Filed: Apr 10, 1981 | Docket: 64583686

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Partin v. State

396 So. 2d 273, 1981 Fla. App. LEXIS 19159

District Court of Appeal of Florida | Filed: Apr 7, 1981 | Docket: 64581478

Published

would at most constitute harmless error. See: Section 59.041, Florida Statutes (1977).

Barnes v. State

400 So. 2d 22, 1981 Fla. App. LEXIS 19043

District Court of Appeal of Florida | Filed: Apr 6, 1981 | Docket: 64583398

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Wesley v. State

399 So. 2d 980, 1981 Fla. App. LEXIS 19045

District Court of Appeal of Florida | Filed: Apr 6, 1981 | Docket: 64583309

Published

the harmless error doctrine, as enunciated by § 59.041, Florida Statutes (1979), apply to refusal of

Thompson v. State

405 So. 2d 990, 1981 Fla. App. LEXIS 22101

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 64586035

Published

harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of

Ashwood v. State

405 So. 2d 991, 1981 Fla. App. LEXIS 22102

District Court of Appeal of Florida | Filed: Mar 27, 1981 | Docket: 64586036

Published

harmless error doctrine, Section 924.33 and Section 59.041, Florida Statutes (1979), to the failure of

Gray v. State

400 So. 2d 468, 1981 Fla. App. LEXIS 18945

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64583569

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 and SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Johnson v. State

394 So. 2d 1121, 1981 Fla. App. LEXIS 18915

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 64580838

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Meeks v. State

400 So. 2d 465, 1981 Fla. App. LEXIS 18763

District Court of Appeal of Florida | Filed: Jan 28, 1981 | Docket: 64583568

Published

HARMLESS ERROR DOCTRINE, SECTION 924.33 AND SECTION 59.041, FLORIDA STATUTES (1979), TO THE FAILURE OF

Division of Pari-Mutuel Wagering, Department of Business Regulation v. Simmons

391 So. 2d 734, 1980 Fla. App. LEXIS 23250

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 64579377

Published

DCA), cert. dismissed, 322 So.2d 925 (Fla.1975); § 59.041, Fla.Stat. (1979).

Holmes v. Wainwright

389 So. 2d 1233, 1980 Fla. App. LEXIS 17608

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 64578730

Published

miscarriage of justice. We are constrained by Section 59.041, Flori*1234da Statutes (1979), from reversing

J. S. v. State

382 So. 2d 1335, 1980 Fla. App. LEXIS 16466

District Court of Appeal of Florida | Filed: Apr 29, 1980 | Docket: 64575801

Published

v. Fonseca, 145 Fla. 395, 199 So. 358 (1940); § 59.041, Fla.Stat. (1979).

Rosenson v. City of Miami

377 So. 2d 749, 1979 Fla. App. LEXIS 16165

District Court of Appeal of Florida | Filed: Nov 27, 1979 | Docket: 64573106

Published

constituted harmless error in the context of this case, § 59.041, Fla.Stat. (1977), and (2) the finding of no damages

Lewison v. Gabros Construction Corp.

371 So. 2d 232, 1979 Fla. App. LEXIS 21122

District Court of Appeal of Florida | Filed: May 29, 1979 | Docket: 64570293

Published

Mahaffee, Inc., 156 So.2d 900 (Fla. 2d DCA 1963); and § 59.041, Fla.Stats. (1977).

Little v. Bankers National Life Insurance

369 So. 2d 637, 1979 Fla. App. LEXIS 14774

District Court of Appeal of Florida | Filed: Mar 27, 1979 | Docket: 64569602

Published

conclusions. Thus, the error, if any was harmless. See, § 59.041, F.S. (1967). Only material errors which could

Southcoast Manufacturing Corp. v. Puritan Fashions Corp.

365 So. 2d 811, 1979 Fla. App. LEXIS 21268

District Court of Appeal of Florida | Filed: Jan 2, 1979 | Docket: 64567746

Published

PER CURIAM. Affirmed. § 59.041, Florida Statutes (1977).

Kelly v. State

360 So. 2d 77, 1978 Fla. App. LEXIS 15464

District Court of Appeal of Florida | Filed: May 2, 1978 | Docket: 64565130

Published

jury room, but harmless within the meaning of Section 59.041, Florida Statutes (1977). Accordingly, I agree

Thompson v. State

353 So. 2d 1240, 1978 Fla. App. LEXIS 22410

District Court of Appeal of Florida | Filed: Jan 10, 1978 | Docket: 64562269

Published

v. State, 239 So.2d 21 (Fla. 1st DCA 1970); Section 59.041, Florida Statutes (1975); Section 924.33, Florida

Holland v. Seaboard Coast Line Railroad

353 So. 2d 618, 1977 Fla. App. LEXIS 17226

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562027

Published

exploration of yet another theory was harmless. Section 59.-041, Florida Statutes (1975). The jury considered

Zamora v. Blue Coast Corp.

348 So. 2d 1165, 1977 Fla. App. LEXIS 22684

District Court of Appeal of Florida | Filed: Jun 21, 1977 | Docket: 64559757

Published

3rd D.C.A.1971); Fla.R.Civ.P. 1.510(c), (e); Section 59.041, Florida Statutes (1975).

Bellman v. Campbell

330 So. 2d 848, 1976 Fla. App. LEXIS 15114

District Court of Appeal of Florida | Filed: Apr 13, 1976 | Docket: 64553459

Published

Campbell v. Bellman, Fla.App.1974, 293 So.2d 795; § 59.041, Fla.Stat.

Campbell v. Campbell

332 So. 2d 103, 1976 Fla. App. LEXIS 14388

District Court of Appeal of Florida | Filed: Mar 9, 1976 | Docket: 64553678

Published

PER CURIAM. Affirmed. See § 59.041 Fla.Stat. F.S.A.

Tabor v. Scotti Muffler Centers, Inc.

314 So. 2d 645, 1975 Fla. App. LEXIS 13674

District Court of Appeal of Florida | Filed: Jun 24, 1975 | Docket: 64547396

Published

PER CURIAM. Affirmed. See: § 59.041, Fla.Stat.

Cerf v. Becker

311 So. 2d 790, 1975 Fla. App. LEXIS 15124

District Court of Appeal of Florida | Filed: Apr 15, 1975 | Docket: 64545978

Published

Campbell v. Stoner, Fla.App. 1971, 249 So.2d 474; § 59.041, Fla.Stat.

Lawrence v. State

303 So. 2d 70, 1974 Fla. App. LEXIS 8257

District Court of Appeal of Florida | Filed: Nov 19, 1974 | Docket: 64542483

Published

harmful error. Fla.Stat. § 924.-33, F.S.A.; Fla.Stat. 59.041, F.S.A.; Cornelius v. State, Fla. 1950, 49

Crotta v. Waddington

300 So. 2d 314

District Court of Appeal of Florida | Filed: Sep 24, 1974 | Docket: 64541256

Published

PER CURIAM. Affirmed. See § 59.041, Fla.Stat.

Mt. Sinai Hospital of Greater Miami, Inc. v. Hubbard

292 So. 2d 389, 1974 Fla. App. LEXIS 7746

District Court of Appeal of Florida | Filed: Apr 2, 1974 | Docket: 64538120

Published

40; Hoffman v. Jones, Fla. 1973, 280 So.2d 431; § 59.041, Fla.Stat., F.S.A.; Turk v. H. C. Prange Co.,

Voght v. Galloway

291 So. 2d 579, 1974 Fla. LEXIS 4371

Supreme Court of Florida | Filed: Feb 20, 1974 | Docket: 64537809

Published

commonly described as “harmless error.” Fla.Stat. § 59.041, F.S.A. Our finding is based upon the fact that

Shelley Manufacturing Co. v. Byrd

277 So. 2d 834, 1973 Fla. App. LEXIS 6820

District Court of Appeal of Florida | Filed: May 22, 1973 | Docket: 64532396

Published

Railroad Trainmen, Fla.App.1972, 258 So.2d 503; § 59.041, Fla.Stat.; 33 Fla. Jur., Trial, § 220.

Specialty Restaurant Corp. v. Village of the Four Winds Corp.

273 So. 2d 102, 1973 Fla. App. LEXIS 7234

District Court of Appeal of Florida | Filed: Jan 29, 1973 | Docket: 64530361

Published

admit said letter, if error, was harmless error. § 59.041 Fla. Stat., F.S.A. The ruling of the court allowing

Burns v. State

272 So. 2d 874

District Court of Appeal of Florida | Filed: Dec 22, 1972 | Docket: 64530244

Published

PER CURIAM. Affirmed. See Fla.Stat. § 59.041, F.S.A. (1971). LILES, A. C. J., and MANN and Mc-NULTY

Moore v. State

267 So. 2d 850

District Court of Appeal of Florida | Filed: Oct 18, 1972 | Docket: 64528185

Published

However, such admission was harmless error. Section 59.041, F.S.1971, F.S.A. This is true because the

Gities v. Shulman

267 So. 2d 695, 1972 Fla. App. LEXIS 6191

District Court of Appeal of Florida | Filed: Oct 10, 1972 | Docket: 64528068

Published

157; Evans v. Perry, Fla.App.1964, 161 So.2d 27; § 59.041, Fla.Stat., F.S.A.; Rule 1.330 (c) (1) and (2)

Blackman v. State

265 So. 2d 734, 1972 Fla. App. LEXIS 6460

District Court of Appeal of Florida | Filed: Aug 29, 1972 | Docket: 64527298

Published

jury instructions is harmless error under F.S. § 59.041, F.S.A. and the judgment will not be set aside

Farmer v. Brotherhood of Railroad Trainmen

258 So. 2d 503, 79 L.R.R.M. (BNA) 2785, 1972 Fla. App. LEXIS 7272

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 64524590

Published

Farmer. We think this was harmless error. F.S. § 59.041, F.S.A. Plaintiff’s next point concerns the trial

Universal Knitting Mills, Inc. v. Austin

257 So. 2d 615, 1972 Fla. App. LEXIS 7396

District Court of Appeal of Florida | Filed: Feb 15, 1972 | Docket: 64524293

Published

PER CURIAM. Affirmed. See: § 59.041, Fla.Stat., F.S.A.; Fred Howland, Inc. v. Morris, 143 Fla. 189,

Hardwick v. Metropolitan Dade County

256 So. 2d 387, 1972 Fla. App. LEXIS 7460

District Court of Appeal of Florida | Filed: Jan 11, 1972 | Docket: 64523833

Published

petition for rehearing to the final order. Fla.Stat. § 59.041, F.S.A. (Harmless error; effect). Thus, the order

O'Connell v. Citizens National Bank of Hollywood

254 So. 2d 236, 1971 Fla. App. LEXIS 5716

District Court of Appeal of Florida | Filed: Nov 4, 1971 | Docket: 64522920

Published

the appeal is taken should be affirmed. F.S. Section 59.041, F.S.A. Affirmed. REED, C. J., and OWEN and

State v. Joseph

253 So. 2d 275, 1971 Fla. App. LEXIS 5867

District Court of Appeal of Florida | Filed: Oct 13, 1971 | Docket: 64522479

Published

information should not have been set aside. Section 59.041, Florida Statutes, F.S.A. We hold that the

Farmer v. B. F. Goodrich Co.

252 So. 2d 593, 1971 Fla. App. LEXIS 6045

District Court of Appeal of Florida | Filed: Sep 22, 1971 | Docket: 64522119

Published

experts and clearly falls within Florida Statute § 59.041, F.S.A., commonly known as the harmless error

Glaze v. State

249 So. 2d 742, 1971 Fla. App. LEXIS 6435

District Court of Appeal of Florida | Filed: Jun 22, 1971 | Docket: 64521101

Published

Morgan v. State, (Fla.App.1962) 142 So.2d 308; F.S. § 59.041, F.S.A.

Riley v. Jackson

246 So. 2d 625, 1971 Fla. App. LEXIS 6827

District Court of Appeal of Florida | Filed: Apr 13, 1971 | Docket: 64519817

Published

evidence we find it to have been harmless. See § 59.041, Fla.Stat. F.S.A.; Sea Crest Corporation v. Burley

Brevard County v. Apel

246 So. 2d 134, 1971 Fla. App. LEXIS 6769

District Court of Appeal of Florida | Filed: Mar 26, 1971 | Docket: 64519670

Published

McCormick, Law of Evidence, Section 16 (1954). .Section 59.041, Florida Statutes, 1969, F.S.A.; Smith v. Biscayne

In re Estate of Rapé

243 So. 2d 599, 1971 Fla. App. LEXIS 5436

District Court of Appeal of Florida | Filed: Feb 10, 1971 | Docket: 64518632

Published

the decedent’s death in August, 1969. F.S. Section 59.041, F.S.A. Appellant’s final point is that the

Allen v. State

243 So. 2d 448, 1971 Fla. App. LEXIS 5423

District Court of Appeal of Florida | Filed: Jan 28, 1971 | Docket: 64518542

Published

also Annot. 7 A.L.R.3d 244, § 10 (i). .F.g. § 59.041, F.S.A.

McKissack v. State

243 So. 2d 14, 1971 Fla. App. LEXIS 5344

District Court of Appeal of Florida | Filed: Jan 19, 1971 | Docket: 64518325

Published

generally: State v. Coffey, Fla.1968, 212 So.2d 632; § 59.041, Fla.Stat., F.S.A.; but cf. Shores v. State, Fla

State Department of Transportation v. Cooper

241 So. 2d 419, 1970 Fla. App. LEXIS 5426

District Court of Appeal of Florida | Filed: Dec 15, 1970 | Docket: 64517604

Published

reversible error by virtue of another statute — Section 59.041 Florida Statutes, F.S.A., which reads: “No

Merrill v. State

228 So. 2d 305, 1969 Fla. App. LEXIS 4945

District Court of Appeal of Florida | Filed: Nov 18, 1969 | Docket: 64512129

Published

appear to be without merit or are harmless under § 59.041, Fla. Stat., F.SA. I would therefore affirm the

Kincaid v. State

227 So. 2d 522, 1969 Fla. App. LEXIS 5121

District Court of Appeal of Florida | Filed: Oct 31, 1969 | Docket: 64511864

Published

*524has resulted in a miscarriage of justice” Section 59.041, F.S.1967, F.S.A. The judgment and sentence

Sloan v. State

226 So. 2d 863, 1969 Fla. App. LEXIS 5380

District Court of Appeal of Florida | Filed: Sep 29, 1969 | Docket: 64511582

Published

rights of the appellant.” See also F.S.1967, Section 59.041, F.S.A., relating to harmless error. Considering

Eastern Air Lines, Inc. v. J. A. Jones Construction Co.

223 So. 2d 332, 1969 Fla. App. LEXIS 5646

District Court of Appeal of Florida | Filed: May 13, 1969 | Docket: 64510102

Published

error, it was not reversible error under Fla.Stat. § 59.041 (1967), F.S.A. The defendant notes that upon the

Sloan v. Oliver

221 So. 2d 435, 1969 Fla. App. LEXIS 5942

District Court of Appeal of Florida | Filed: Apr 23, 1969 | Docket: 64509351

Published

Staicer v. Hall, Fla.App.1961, 130 So.2d 113; Section 59.041, F.S.1967, F.S.A. WALDEN, C. J., OWEN, J.,

Coral Plaza Corp. v. Hersman

220 So. 2d 672, 1969 Fla. App. LEXIS 6093

District Court of Appeal of Florida | Filed: Mar 11, 1969 | Docket: 64509058

Published

of the three letters into evidence. Fla.Stat. § 59.041, F.S.A. The plaintiff also contends that reversible

Geiger ex rel. Geiger v. Mather of Lakeland, Inc.

217 So. 2d 897, 1968 Fla. App. LEXIS 4631

District Court of Appeal of Florida | Filed: Nov 26, 1968 | Docket: 64508032

Published

error within the contemplation of F.S.1967, Section 59.041, F.S.A. We adhere to the judgment of affirmance

Martin v. Wilcox

215 So. 2d 16

District Court of Appeal of Florida | Filed: Oct 29, 1968 | Docket: 64507116

Published

result in a miscarriage of justice. F.S. 1967, Section 59.041, F.S.A. The question of the defendant operator’s

Sundermeier ex rel. Sundermeier v. Frauman

214 So. 2d 780, 1968 Fla. App. LEXIS 5055

District Court of Appeal of Florida | Filed: Oct 11, 1968 | Docket: 64507027

Published

if in fact there was error, was harmless. Section 59.041, F.S.1967, F.S.A. provides: “No judgment shall

James v. Kendall

214 So. 2d 373

District Court of Appeal of Florida | Filed: Oct 1, 1968 | Docket: 64506781

Published

CURIAM. Affirmed. On the authority of Fla.Stat. § 59.041, F.S.A.

Atlantic Coast Line Railroad v. Keen

212 So. 2d 41, 1968 Fla. App. LEXIS 5235

District Court of Appeal of Florida | Filed: Jul 16, 1968 | Docket: 64505896

Published

Line R. Co. v. Holliday, 73 Fla. 269, 74 So. 479; § 59.041, Fla.Stat., F.S.A.

Liberty Mutual Insurance v. United Services Automobile Ass'n

212 So. 2d 813, 1968 Fla. App. LEXIS 5361

District Court of Appeal of Florida | Filed: Jul 16, 1968 | Docket: 64506235

Published

and record peculiar to this case. See Fla.Stat. § 59.041, F.S.A. In re Johnson, 157 Fla. 25, 24 So.2d 711

Wynhoff v. Hunter

212 So. 2d 64, 1968 Fla. App. LEXIS 5251

District Court of Appeal of Florida | Filed: Jun 25, 1968 | Docket: 64505909

Published

87; Maiborne v. Kuntz, Fla.1952, 56 So.2d 720; § 59.041, Fla.Stat., F.S.A.; McCormick, Evidence, § 228

Boulevard National Bank of Miami v. Taj, Inc.

211 So. 2d 605, 1968 Fla. App. LEXIS 5484

District Court of Appeal of Florida | Filed: Jun 11, 1968 | Docket: 64505795

Published

Bowser v. Harder, Fla.App.1957, 98 So.2d 752; § 59.041 Fla.Stat, F.S.A.

Carver v. Jenkins

209 So. 2d 882, 1968 Fla. App. LEXIS 5699

District Court of Appeal of Florida | Filed: Apr 30, 1968 | Docket: 64505102

Published

” [Emphasis added.] § 54.23 Fla.Stat. (1965); § 59.041 Fla. Stat. (1967), F.S.A.

Wallace v. Luxmoore

156 Fla. 850

Supreme Court of Florida | Filed: Jul 5, 1945 | Docket: 3272960

Published

Chapter 59, Florida Statutes, 1941, renumbered Section 59.41, and amended to read as follows: 59.41 STIPULATION