De Novo Appellate Standard Of Review For Summary Judgments

An appellate court’s standard of review when reviewing a trial court’s summary judgment is de novo. Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000); accord L’Etoile Homeowners Ass’n, Inc. v. Fresolone, 940 So.2d 1170 (Fla. 4th DCA 2006). A de novo standard of review means that the appellate court will examine the trial court’s record anew and will rule on the record evidence and law without giving any deference to the trial court. This is a favorable standard of review for an appellant (party appealing trial court’s ruling) because there is no deference afforded to the...

14 December

0 Comments

Sticky

The Trial Court Reached The Right Result For The Wrong Reason – The Tipsy Coachman

Posted by David Adelstein

in Appeal

Trial courts sometimes reach the right result / ruling, but for the wrong reason. This wrong reason serves as the basis of an appeal. However, under the appellate principle known as the “tipsy coachman doctrine,” an appellate court can affirm a trial court’s ruling even if the trial court reached the right result / ruling, but for the wrong reason. The right reason(s), though, needs be supported by the record before the trial court (that makes up the record before the appellate court). See Dade County School Board v. Radio Station WQBA, 731 So.2d 638 (Fla. 1999); accord State Farm Fire...