In 2001, Florida changed its rules for appealing court decisions. Now, lawyers have to explain the standard of review for each issue they’re arguing. But it’s been hard to find clear standards for some issues. Other states have better rules. It could help to mention those rules when making an appeal in Florida. In Florida, when a judge makes a decision, the appeals court will usually only overturn it if the judge abused their discretion. This means the judge made a decision that no reasonable person would agree with. If the judge just got the law wrong, the appeals court can change the decision. But if the judge’s decision is within their discretion, the appeals court won’t overturn it unless it’s clearly wrong. This applies to legal matters, like interpreting a contract or statute, as well as factual matters and courtroom procedures. However, in Florida, the appeals court doesn’t always treat evidentiary questions and jury instructions as legal questions, even though they should be. In Florida, trial courts have a lot of freedom in deciding what to tell the jury. If the jury instructions as a whole explain the law clearly, then not giving a specific instruction wonât be considered a mistake. But in 15 other places, deciding how to word instructions and whether to give certain instructions are considered legal questions and are reviewed differently. Courts in Florida follow different standards for reviewing decisions made by trial courts. Some decisions are reviewed with great deference, while others are reviewed more closely. For example, decisions regarding jury instructions and evidence are reviewed more closely, while decisions about where a case should be heard and certain constitutional issues are given more deference. The different standards are used to make sure that the law is applied consistently and fairly.
Source: https://www.floridabar.org/the-florida-bar-journal/containing-canakaris-tailoring-floridas-one-fits-most-standard-of-review/
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