Question 1

What is remand in Florida law?

Accepted Answer

Remand is an appellate court’s order sending a case back to the lower court for further proceedings. In Florida: a case is remanded when: the appellate court reverses the lower court’s decision (the case goes back for a new trial or new proceedings consistent with the appellate opinion), the appellate court finds error but needs additional findings (the lower court must make specific findings or conduct additional hearings), or the appellate court vacates the judgment (the lower court must re-enter judgment or take other action). The remand order: specifies what the lower court must do on remand.

Question 2

What happens after a case is remanded in Florida?

Accepted Answer

After remand: the lower court receives the mandate (the formal order from the appellate court), the lower court must follow the appellate court’s instructions (the lower court cannot deviate from the remand order), the parties may conduct additional proceedings (discovery, motions, hearings, or a new trial), and the lower court enters a new ruling (consistent with the appellate court’s opinion). The "law of the case" doctrine: the appellate court’s rulings on legal issues become binding on the lower court on remand (the lower court cannot re-decide issues already resolved by the appellate court).

Question 3

Can a remanded case be appealed again in Florida?

Accepted Answer

Re-appeal: yes, after the lower court issues its new ruling on remand, either party can appeal again. The new appeal: is based on the proceedings that occurred on remand (not the original proceedings), is filed with the same appellate court that issued the remand, and the appellate court reviews the lower court’s compliance with the remand instructions. Successive appeals can occur: each time the lower court enters a new ruling, the parties have the right to appeal. This can result in a case going back and forth between the lower court and the appellate court multiple times.

Remand Case Returned Lower Court Action

Remand in Florida Law

When Remanded

On Remand

Re-Appeal

Related Terms

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