JEFFREY L. USINA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Leach v. Aria Salehpour & Heron Cove Constr., Inc., 19 So. 3d 342 (Fla. 2d DCA 2009)
  …s brought under rule 9.110(a)(4) are generally reviewed for an abuse of discretion but can be subject to de novo review if, as Salehpour maintains is the case here, they involve a pure question of law. See State Farm Mut. Auto. Ins. Co. v. Williams, 943 So. 2d 997, 999-1000 (Fla. 1st DCA 2006). To support his argument that Salehp-our’s motion to modify/amend final judgment had to have been brought pursuant to rule 1.540, Leach points out that Salehp-our sought amendment to the final judgment on the basis of…
• Randall v. Walt Disney World Co., 140 So. 3d 1118 (Fla. 5th DCA 2014)
  …2004). However, where the motion for rehearing addresses [*1120] only issues of law, “the standard of review is essentially de novo.” Mistretta v. Mistretta, 31 So. 3d 206, 208 (Fla. 1st DCA 2010) (quoting State Farm Mut. Auto. Ins. Co. v. Williams, 943 So. 2d 997, 999-1000 (Fla. 1st DCA 2006)). This court has previously held that “[t]he wife’s cause of action for loss-of-consortium, while derived from the personal injury to the husband, survives the death of her husband-patient, whose own personal injury ac…
• Mistretta v. Mistretta, 31 So. 3d 206 (Fla. 1st DCA 2010)
  …review applicable to a ruling on a motion seeking a new trial is abuse of discretion. ... However, when a motion for new trial addresses only issues of law, the standard of review is essentially de novo.” State Farm Mut. Auto. Ins. Co. v. Williams, 943 So. 2d 997, 999-1000 (Fla. 1st DCA 2006) (citations omitted). Rehearing or new trial based on newly discovered evidence “is warranted where (1) it appears that the evidence is such that [it] will probably change the result if a new trial is granted, (2) the ev…

Authorities Cited

• Mason Dudek v. State, 783 So. 2d 331 (Fla. 5th DCA 2001)