THEODORE WEISBERG, PETITIONER,
v.
LINDA WEGENER, RESPONDENT
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Opinion
PER CURIAM.
We grant the petition for writ of certiorari, quash the order dismissing appellant’s appeal and remand this cause for further proceedings on the authority of Trans-Continental Finance Corp. v. Baxter, 402 So. 2d 1289 (Fla. 5th DCA 1981). There is considerable confusion in the record as to the status of the appeal at the time it was dismissed. It appears that dismissal was ordered before the appellant had an opportunity to prepare a record or to demonstrate that he could prosecute the appeal with the limited record available. See, e.g., Fla.R.App.P. 9.200(f)(2). The action we take at this time is without prejudice to the trial court to take appropriate action, including dismissal, should appellant fail to prosecute his appeal upon remand in accord with the Rules of Appellate Procedure.
DOWNEY, ANSTEAD and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Christman v. N.M.C.R., Inc., 993 So. 2d 601 (Fla. 4th DCA 2008)…clude that the appellate court departed from the essential requirements of law, having failed to comport with Florida Rule of Appellate Procedure 9.200(f)(2). See generally, Coulombe v. State, 837 So. 2d 506 (Fla. 5th DCA 2003); Weisberg v. Wegener, 487 So. 2d 1210 (Fla. 4th DCA 1986); Trans-Continental Fin. Corp. v. Baxter, 402 So. 2d 1289 (Fla. 5th DCA 1981); McGuire v. Nelson, 388 So. 2d 42 (Fla. 5th DCA 1980); Favors v. City of Tampa, 246 So. 2d 172 (Fla. 2d DCA 1971). The opinion of the circuit court is q…
Authorities Cited
- Trans-Continental Fin. Corp. v. Baxter, 402 So. 2d 1289 (Fla. 5th DCA 1981)