Florida Statute 59.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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59.06 Matters reviewable on appeal.—

(1) WHAT MAY BE ASSIGNED AS ERROR.—All judgments and orders made in any action wherein the trial court:

(a) May allow or refuse to allow any motion:

1. For a new trial or rehearing,

2. For leave to amend pleadings,

3. For leave to file new or additional pleadings,

4. To amend the record, or

5. For continuance of the action; or

(b) Shall sustain or overrule any motion to dismiss the action

may be assigned as error upon any appeal from the final judgment or order in the action. The appellate court shall hear and determine the matter so assigned under like rules as in other actions.

(2) EFFECT OF PLEADING OVER OR AMENDING.—Pleading over or amending pleadings after order upon motion to dismiss shall not waive the right to have the judgment or order reviewed.

History.—s. 1, ch. 521, 1853; s. 1, ch. 3430, 1883; RS 1265; GS 1693; RGS 2903; CGL 4608; s. 6, ch. 22854, 1945; s. 2, ch. 71-316.

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Amendments to 59.06

Annotations, Discussions, Cases:

Cases Citing Statute 59.06

Total Results: 8 | Sort by: Relevance | Newest First

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State v. Spaziano, 692 So. 2d 174 (Fla. 1997).

Cited 28 times | Published | Supreme Court of Florida | 1997 WL 182887

...And soon after this State was admitted to the Union the Florida Legislature abrogated the common-law limitation on review by an appellate court of the evidence. This it did by Ch. 521, Acts of 1853 (now appearing in substantially its original form as § 59.06(1), Fla....

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Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960).

Cited 27 times | Published | Supreme Court of Florida

...The statute rather than the rule governs * * *" State ex rel. Moore v. Murphree, Fla.App. 1958, 106 So.2d 430, 432. [15] Article V, Section 3, Florida Constitution provides that the practice and procedure in all courts shall be governed by rules adopted by the Supreme Court. [16] See section 59.06, F.S.A....

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Platel v. Maguire, Voorhis & Wells, Pa, 436 So. 2d 303 (Fla. 5th DCA 1983).

Cited 15 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 22565

...either law or fact raised by the losing party. [2] Case Nos. 83-758; 83-712; 83-294; 83-49; 82-1779; 82-1583; 82-1416; 82-1401; 82-338. Mr. Platel's response evinces the necessity for the issuance of this Order. First, Mr. Platel alleges that, under section 59.06, Florida Statutes (1981), this court has no jurisdiction to prohibit him from exercising his right to appeal....

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Ruth v. Sorensen, 104 So. 2d 10 (Fla. 1958).

Cited 11 times | Published | Supreme Court of Florida

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Osborne v. State, 907 So. 2d 505 (Fla. 2005).

Cited 9 times | Published | Supreme Court of Florida | 2005 WL 1118031

...e State possesses no statutory right to appeal decisions in Ryce Act cases. We conclude that the Ryce Act contemplates civil proceedings and that the State has the statutory right to appeal in civil cases as do all litigants in such proceedings. See § 59.06(1), Fla....

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State v. Dawson, 290 So. 2d 79 (Fla. 1st DCA 1974).

Cited 8 times | Published | Florida 1st District Court of Appeal

...: The above is the verbiage of the Florida Immunity Statute in effect from January 1, 1971, to June 2, 1971, the period during which the subject subpoenas were issued and which controls here. [5] See Florida Statute 924.07(1) F.S.A., Florida Statute 59.06(5)(b) F.S.A., and F.A.R....

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Stone's Throw Condo. Ass'n v. SAND COVE, 749 So. 2d 520 (Fla. 2d DCA 1999).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1203829

...as never repled as to Mouriz. Accordingly, Mouriz argues that STCA has waived its right to have this court review that dismissal. STCA argues, however, that its original attempt to plead a section 553.84 cause of action against Mouriz survives under section 59.06, Florida Statutes (1995), which specifically allows appellate courts to review dismissals where the pleadings are amended. See § 59.06(2), Fla. Stat. (1995). Unfortunately, no cases of recent vintage discuss whether section 59.06 applies to a plaintiff who fails to preserve in subsequent pleadings a claim that is dismissed without prejudice, and the older common law cases applying section 59.06 deal mainly with a defendant pleading to a bill after a demurrer has been denied. See Franklin Phosphate Co. v. International Harvester Co., 62 Fla. 185, 57 So. 206 (1911); Tampa & J. Ry. Co. v. Harrison, 55 Fla. 810, 46 So. 592 (1908). Without discussing the propriety of a statutory regulation of judicial procedures, we find section 59.06 inapplicable....

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Koch v. State Road Dep't of Florida, 106 So. 2d 426 (Fla. 1958).

Published | Supreme Court of Florida

only upon an appeal from the final judgment. Section 59.06, Florida Statutes 1957, F.S.A. Proctor v. Kennedy

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