When the appellate court orders a new trial, it shall be held in the court from which the appeal was taken unless the appellate court determines that the trial court improperly denied the defendant’s application for removal of the original trial. If the appellate court determines that removal is proper, it shall designate the court for the new trial.
Fla. Stat. § 924.38
When removal shall be allowed on new trial
Applied in 1 court decision — leading case 609 So. 2d 1291 - State v. Gary (1992)
Most recently applied in 609 So. 2d 1291 - State v. Gary (November 1992)
History.--s. 314, ch. 19554, 1939; CGL 1940 Supp. 8663(327); s. 164, ch. 70-339.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.