PHILIP KEIDAISH, APPELLANT,
v.
JIM SMITH, ATTORNEY GENERAL, APPELLEE
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The appellate court may dismiss an appeal when the appellant has disobeyed a trial court's order.
Appellant appealed an order in a forfeiture proceeding. The Attorney General moved to dismiss the appeal, alleging appellant violated the order and fl…
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PER CURIAM.
This is an appeal from the denial of a motion to quash an ex parte nonfinal order entered in a forfeiture proceeding under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act. The order restrained appellant from transferring or disposing of any assets other than in the normal course of legitimate business or for day-to-day living expenses.
The attorney general filed a motion to dismiss the appeal in which he alleged that the court had estreated appellant’s bond because of his failure to appear in the RICO criminal proceedings filed against him and that appellant had violated the terms of the order which he is seeking to set aside in this appeal. This court appointed Circuit Judge William A. Norris as a commissioner to determine whether appellant is in violation of the temporary injunction. Following a hearing, Judge Norris filed his report in which he concluded that appellant has fled the jurisdiction of the court and has violated the temporary injunction in many particulars by transferring specifically described valuable properties and large sums of money to various parties. Upon receiving this report, we have decided to grant the attorney general’s motion to dismiss.
Where an appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, dismiss the appeal. Gazil v. Gazil, 343 So. 2d 595 (Fla.1977). The grace period prior to dismissal referred to in Gazil is inapplicable here because appellant has fled the jurisdiction and has already placed the assets and money beyond his control. This court will not entertain a person’s appeal from an order which he'has wilfully flaunted. Appellant’s attorneys’ contention that their client’s derelictions should not affect his right to complain about that portion of the order which refused to dissolve a lis pendens is without merit.
APPEAL DISMISSED.
BOARDMAN, Acting C. J., and GRIMES and OTT, JJ., concur.
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DeLISI v. Smith, 401 So. 2d 925 (Fla. 2d DCA 1981)…t appellant and his code-fendant had violated the temporary injunction in question. The commissioner found the codefendant had made transfers of property in violation of the restraining order and we thereupon dismissed his appeal. Keidaish v. Smith, 400 So. 2d 90 (Fla. 2d DCA 1981). While the commissioner did not find that appellant had made any property transfers in violation of the restraining order, he did find — and the evidence clearly supported it — that appellant had fled the jurisdiction. Proceedin…
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Meeks v. Meeks, 964 So. 2d 185 (Fla. 2d DCA 2007)…d by an attorney, it is likely that her attorney would have sought the dismissal of this appeal for Mr. Meeks’ failure to comply with this support obligation within the judgment. See Gazil v. Gazil, 343 So. 2d 595, 597 (Fla.1977); Keidaish v. Smith, 400 So. 2d 90, 91 (Fla. 2d DCA 1981). . The bankruptcy court is not necessarily obligated to accept a state court’s findings of fact or conclusions of law. See In re McNierney, 97 B.R. 648, 650 (Bankr.S.D.Fla.1989) (stating state court dissolution order "contain…
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Rodriguez v. Rodriguez, 640 So. 2d 133 (Fla. 3d DCA 1994)…an appeal.” Gazil v. Gazil, 343 So. 2d 595, 597 (Fla.1977); see McLemore v. McLemore, 567 So. 2d 23, 24 (Fla. 1st DCA), cause dismissed, 576 So. 2d 289 (Fla.1990); Segall v. Downtown Assocs., 546 So. 2d 11, 12 (Fla. 3d DCA 1989); Keidaish v. Smith, 400 So. 2d 90, 91 (Fla. 2d DCA 1981); see also State v. Gurican, 576 So. 2d 709 (Fla.1991) (discussing dismissal of appeal of criminal defendant). An appellate court should ordinarily provide a grace period prior to dismissing the appeal, within which time the ap…
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- Gazil v. Gazil, 343 So. 2d 595 (Fla. 1977)