CESAR RODRIGUEZ, APPELLANT,
v.
BARBARA RODRIGUEZ, APPELLEE
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In this Florida family law case, a trial court held Cesar Rodriguez in contempt for accumulated child support arrearages of $33,800 and ordered him to serve 179 days in jail or pay a purge amount of $7,600 within seven days. The husband failed to pay the purge amount or surrender himself to the court, and the appellate court dismissed his appeal based on his flagrant noncompliance with the trial court's order.
The appellate court dismissed the appeal in the exercise of its discretion because the appellant failed to surrender himself as ordered by the trial court. An appellate court may dismiss an appeal when the appellant has disobeyed a trial court order, and when an appellant has absconded from the court's jurisdiction, immediate dismissal without a grace period is appropriate.
[1] An appellate court may, in its discretion, dismiss an appeal where the appellant has disobeyed a trial court order.
[2] An appellate court should ordinarily provide a grace period for compliance with a trial court order before dismissing an appeal.
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Join FLexlaw to unlock all legal intelligence“Where the appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal.”
Establishes the foundational rule that appellate courts have discretion to dismiss appeals when appellants disobey trial court orders.
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Join FLexlaw to unlock all legal intelligenceCesar and Barbara Rodriguez were divorced in 1986. By September 1993, Cesar had accumulated child support arrearages of $33,800. The trial court found…
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LEVY, Judge.
Cesar Rodriguez, the husband, and Barbara Rodriguez, the wife, were divorced in 1986. By September of 1993, the husband had accumulated child support arrearages of $33,800, and the wife moved the trial court to hold the husband in contempt. After an evidentiary hearing, the trial court concluded that the husband had wilfully refused to pay his child support obligations, and found him to be in contempt of court.
The trial court ordered the husband to serve 179 days of incarceration as a result of the contempt.
The trial court also found that the husband had the present ability to pay $7,600 towards child support, and allowed the husband to avoid incarceration by paying this amount within seven days. See Bowen v. Bowen, 471 So. 2d 1274 (Fla.1985). If the husband faüed to pay this purge amount by the deadline, he was to appear at the court to be taken into custody and begin serving his jail time. The husband did not pay the $7,500 purge amount, and failed to surrender himself to the court at the appointed time. To this day, the husband has not paid the purge amount, nor surrendered himself. Despite this flagrant noncompliance with the trial court’s order, the husband now asks us to review the order’s validity. We decline to do so.
“Where the appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or dismiss 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 appellant may comply with the violated trial court order and thereby prevent dismissal. See Davidson v. District Court of Appeal, Fourth Dist., 501 So. 2d 603, 604 (Fla.1987); Gazil, 343 So. 2d at 597; Pasin v. Pasin, 517 So. 2d 742, 742 (Fla. 4th DCA 1987), review denied, 528 So. 2d 1183 (Fla.1988).
However, when an appellant has absconded from the court’s jurisdiction, a grace period is not necessary, and the dismissal may be immediate. Gazil, 343 So. 2d at 597; McLemore, 567 So. 2d at 24; Keidaish, 400 So. 2d at 91.
Since the husband in this ease has failed to surrender himself as ordered by the trial court, we exercise our discretion under the above-cited authorities and dismiss his appeal.
Appeal dismissed.
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Simoes v. Ignez Simoes, 790 So. 2d 1221 (Fla. 3d DCA 2001)…d has fled the jurisdiction and embarked on a course of conduct reflecting contemptuous disregard for the trial court’s orders, we exercise our discretion and dismiss the appeal. See Gazil v. Gazil, 343 So. 2d 595 (Fla.1977); Rodriguez v. Rodriguez, 640 So. 2d 133 (Fla. 3d DCA 1994); McLemore v. McLemore, 567 So. 2d 23 (Fla. 1st DCA), cause dismissed, 576 So. 2d 289 (Fla.1990); Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987). Appeal dismissed.…
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Sell v. Sell, 882 So. 2d 541 (Fla. 3d DCA 2004)…PER CURIAM. ON MOTION TO DISMISS GRANTED We grant appellee Marilyn Rae Sell’s Motion to Dismiss this appeal. Rodriguez v. Rodriguez, 640 So. 2d 133 (Fla. 3d DCA 1994); Gazil v. Gazil, 343 So. 2d 595, 597 (Fla.1977) (“Where the appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal.”); McLemore v. McLemore, 567 So. 2…
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Viacao Aerea SAO Paulo, S.A. v. Pegasus Aviation, Inc., 904 So. 2d 631 (Fla. 3d DCA 2005)…continued to disregard the trial court’s orders, therefore, we exercise our discretion and dismiss this appeal. Segall v. Downtown Assocs., 546 So. 2d 11 (Fla. 3d DCA 1989); see also Gazil v. Gazil, 343 So. 2d 595 (Fla.1977); Rodriguez v. Rodriguez, 640 So. 2d 133 (Fla. 3d DCA 1994); McLemore v. McLemore, 567 So. 2d 23 (Fla. 1st DCA 1990). Because an appellate court should ordinarily provide a grace period prior to dismissing an appeal, within which time the appellant may comply with the trial court’s order,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Gazil v. Gazil, 343 So. 2d 595 (Fla. 1977)
- State v. Gurican, 576 So. 2d 709 (Fla. 1991)
- Davidson v. Dist. Court OF Appeal, 501 So. 2d 603 (Fla. 1987)
- Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987)
- Klenton McLEMORE v. McLEMORE, 567 So. 2d 23 (Fla. 1st DCA 1990)
- Steinmetz Grp. Ltd. v. Blackmon, 546 So. 2d 11 (Fla. 3d DCA 1989)
- Keidaish v. Smith, 400 So. 2d 90 (Fla. 2d DCA 1981)