What is the standard of review for a motion for a new trial?

In Florida, the standard of review for a motion for a new trial is the same as for any other motion for relief from a lower court, which is a legal question of de novo review. This means that the appellate court reviews the lower court’s decision without deference to the lower court’s ruling. The appellate court can reverse the lower court if it finds that the lower court committed an error of law. However, the appellate court must also determine whether the lower court’s error of law was one that had an effect on the outcome of the case. In other words, the appellate court must decide whether the error was harmless or prejudicial. If the error was harmless, then the appellate court will not reverse the lower court’s decision. But if the error was prejudicial, then the appellate court may reverse the lower court’s decision and remand the case back to the lower court for further proceedings. The appellate court will also review the lower court’s findings of fact to determine if the lower court abused its discretion in making its decision. An abuse of discretion is when the lower court makes a decision that was arbitrary, irrational, or contrary to the law. The appellate court can reverse the lower court’s decision if it finds that the lower court abused its discretion. In summary, the standard of review for a motion for a new trial in Florida is de novo review to determine whether the lower court committed an error of law that had an effect on the outcome of the case, and to determine if the lower court abused its discretion in making its decision.

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What is the standard of review for a motion for a new trial?

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