Florida Statutes 59.06 – Matters reviewable on appeal
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(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
Terms Used In Florida Statutes 59.06
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Continuance: Putting off of a hearing ot trial until a later time.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.