How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110504
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

In FL Appellate Court, for a standard of review being de novo

This answer was rated:

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?
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.

Thank you so much for using I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 3 years 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?

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. and 6 other Legal Specialists are ready to help you