Florida/Georgia Personal Injury & Workers Compensation

...2d DCA 1984). Appellee argues that we should not hold that Perrone and Kraus were independent contractors as a matter of law. Rather, appellee contends that it is a question of fact for the jury. Appellee, relying on Florida Rule of Civil Procedure § 59.35 Fla....

...Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith. NOTES [1] This court does, of course, have the discretion to order a new trial "if the error for which reversal is sought is such as to require a new trial," § 59.35, Fla....

...be said that the jury, as reasonable persons, could not have concluded otherwise. Appellee, therefore, is entitled to a new trial only on the issue of whether there was negligence on defendant's part which caused plaintiff's orthopedic injuries. See § 59.35, Fla....

...ision of October 17, 1973? Answer: No. Has the plaintiff, James B. Ridenour, sustained a permanent injury within reasonable medical probability or permanent loss of a bodily function, as a result of the collision of October 17, 1973? Answer: No. [3] § 59.35, Fla....

...B. There is actually a statute that touches on the scope of appellate remand, one that has been in the books for more than a century, see ch. 6467, § 1, Laws of Fla. (1913), though it seldom gets mentioned any more. Section 59.35, Florida Statutes (2018), provides in pertinent part: An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the...

...Similarly, the invocation of a procedural rule may be necessary to preserve certain appellate arguments and relief. That is all the cases cited by the dissent on this point actually hold. But the rules of civil procedure do not speak to the scope of appellate remand at all (unlike section 59.35 and the authorities discussing the scope of remand in section II.B., supra, which do)....

...Federal National Mortgage Ass'n, 112 So. 3d 778 (Fla. 2d DCA 2013)—and that has been subsequently repeated, recited, and clarified in various district courts of appeal decisions—as if it were a binding, unwavering rule on remand going forward in similar Accord § 59.35; see also Morgan Stanley & Co....

...eave no room to ever actually do equity. -26- cases, it is no such thing. It cannot be. First, to so hold would be to elevate a common law didacticism above a legislative pronouncement of discretion. See § 59.35 ("An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as to require a new trial, direct that a new trial be h...

...the reason that it sought relief in the form of a new trial on the issue of liability only. We grant the motion and remand for new trial on the issue of liability only. Smith v. Lumberman’s Mutual Casualty Co., 360 So.2d 1098 (Fla. 1st DCA 1978); § 59.35, Fla.Stat....

...We begin by observing the discretion vested in an appellate court to direct a new trial on one or more issues. See Tracey v. Wells Fargo Bank, N.A., 264 So. 3d 1152 (Fla. 2d DCA 2019) (discussing the principles governing an appellate court’s authority when reversing a trial court judgment). Section 59.35, Florida Statutes (2017), provides: An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such as...

...to direct a new trial on one or more issues. See Tracey v. Wells Fargo Bank, N.A., 264 So. 3d 1152 (Fla. 2d DCA 2019) (discussing the principles governing an appellate court’s authority when reversing a trial court judgment). Section 59.35, Florida Statutes (2017), provides: 2  An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if...

...l, shall examine the record, and reverse or affirm the judgment, sentence or decree of the court below; give such judgment, sentence, or decree as the court below should have given; or otherwise as to it may appear according to law. Section 35. That Section 59.35 , Florida Statutes, 1941, is amended to read as follows: 59.35 JUDGMENT; POWER OF APPELLATE COURT TO DIRECT A NEW TRIAL UPON ONE OR MORE ISSUES: An appellate court may, in reversing a judgment of a lower court brought before it for a review by appeal, by the order of reversal, if the error for which revers...

discretion to order a new trial" pursuant to section 59.35, Florida Statutes (1997), or even "in the

trial on liability and damages on authority of Section 59.35, Florida Statutes (1979). REVERSED AND REMANDED

...but not on liability. Reina requests a new trial. Klisivitch asserts that if we grant Reina a new trial, it should be limited to damages for Reina’s back injury only. We find that a new trial is required on all damages, but not on liability. Section 59.35, Florida Statutes (2017), provides: An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if the error for which reversal is sought is such...

new trial on both liability and damages. See Section 59.35, Florida Statutes (1979). Had the majority agreed