Standards on Appeal: De Novo - Florida Litigation Guide

1 – Elements and Case Citations

The standard on appeal for “pure question[s] of law” is de novo.” Rando v. Gov’t Emp.s Ins. Co., 39 So. 3d 244, 247 (Fla. 2010). “‘Courts have traditionally defined ‘de novo review’ to mean ‘that the whole process before the district court would start from scratch, as if the proceedings [below] had never occurred.’” Bartow HMA, Inc. v. Sec. Nat’l Ins. Co., 325 So. 3d 46, 52 (Fla. 4th DCA 2021) (internal citations omitted). When applying this standard of review, the “higher court ‘make[s] its own determination as to the correct principle of law that should have been applied to a particular set of facts.’” Physicians Med. Centrs. v. Allstate Fire & Cas. Ins. Co., 335 So. 3d 1284, 1288 (Fla. 1st DCA 2022) (citing Philip J. Padovano, 2 Florida Practice § 19:3 Appellate Practice (2022 ed.)).

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