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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In FL Appellate Court, for a standard of review being de novo

Resolved Question:

In FL Appellate Court, for a standard of review being de novo on an appeal from a non final Order to Dismiss, can the Appellee's response attempt to have the Appellate court try the case, or decide on issues of the lower Tribunal, that were not heard yet, or is their response limited to the issue of the lower tribunal's decision (and errors) for dismissing the action?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question. I look forward to working with you to provide you the information you are seeking.

De novo review, means that although the trial court is presumed to be correct, the appellate court is free to decide the legal issue differently without paying deference to the trial court’s review of the law. The appellate court acts the same as the trial court. However, this does not mean they get to hear new issues not brought before the lower court, this applies only to the issues that were actually reviewed and raised in the lower trial court.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88627
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. That's what I thought, but on this issue, "plaintiff's standing" was the only issue argued by defense to move for a dismissal, which was granted without prejudice, and could be refiled. There was never any response to the complaint or affirmative defense given; however, now the appellees` counsel is explaining (arguing) issues entirely outside of the issue, and offering other arguments that should have been made in affirmative defenses. So the question is, just so I am clear, all the other backstory arguments outside the issue specifically pertaining to standing is not appropriate for the Appellee to argue; correct?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You need to file a motion to strike the arguments of the appellee not pertaining to the issue heard by the court as the other issues were never heard by the lower court and are not an issue on the appeal.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88627
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you

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