DAVID P. LEONARD, PETITIONER,
v.
FIRST UNION NATIONAL BANK OF FLORIDA, ETC., RESPONDENT
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The circuit court's dismissal of an appeal for late filing was an improper denial of essential legal requirements.
Petitioner's appellate brief was filed a few days late after several prior extensions. The circuit court denied a motion for extension and subsequentl…
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FLETCHER, Judge.
David P. Leonard petitions this Court for a writ of certiorari which, if issued, would quash a decision of the circuit court, appellate division, dismissing with prejudice his appeal of a decision of the Dade County Court. The dismissal by the circuit court was predicated upon Leonard’s late filing of his initial appellate brief. Finding that the circuit court denied the essential requirements of the law, we issue the writ and quash the dismissal order.
On June 10, 1996, Leonard filed a motion for extension of time to file his initial brief. He had previously been granted several extensions which had made his brief due on June 7, 1996, thus his June 10 motion was not timely filed.
The circuit court denied the motion on June 18, 1996, the order being received by Leonard on Friday, June 21, 1996, after which Leonard filed his initial brief on Monday, June 24, 1996. On the same day (June 24) that Leonard filed his brief, First Union National Bank filed its motion to dismiss.
On July 9, 1996, the dismissal order under review was entered.
Assuming that Leonard’s brief was untimely filed, we find the dismissal to be too harsh' a sanction for the minimal time involved. See State v. Stein, 312 So. 2d 221 (Fla. 3d DCA 1975). Accordingly, the writ is issued and the dismissal order is quashed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Irvin v. Jimmie (Jamey) Williams, 736 So. 2d 705 (Fla. 1st DCA 1999)…pite reprimands by the court and the imposition of monetary sanctions). Without more, however, the failure to file a brief on time is not a serious enough violation to warrant dismissal of an appeal. See Leonard v. First Union Nat’l Bank of Florida, 685 So. 2d 98 (Fla. 3d DCA 1997); Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991). In the present case, the petitioners’ initial brief was late by only two and one-half weeks. The petitioners had a good reason to request additional time to retain substitute c…
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United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So. 2d 866 (Fla. 3d DCA 2004)…ppeal, unless there has been fair warning, in advance, that this consequence may flow from a late filing. See Mirage Pools, Inc. v. Dewitt, 757 So. 2d at 1280; Irvin v. Williams, 736 So. 2d 705 (Fla. 1st DCA 1999); Leonard v. First Union Nat’l Bank, 685 So. 2d 98 (Fla. 3d DCA 1997); Hastings v. State, 640 So. 2d 115 (Fla. 2d DCA 1994); Craig v. Preston, 593 So. 2d 578 (Fla. 3d DCA 1992); Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991); Moose v. State, 519 So. 2d 61 (Fla. 2d DCA 1988); Kerr McGee Chemical C…
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United Auto. INS. Co. v. Total Health Care OF Florida, 866 So. 2d 105 (Fla. 3d DCA 2004)…of the circuit court, appellate division, on authority of United Automobile Insurance Co. v. Total Rehab & Medical Center, No. 3D03-2126, — So. 2d -, 2004 WL 231799 (Fla. 3d DCA opinion filed February 4, 2004), and Leonard v. First Union Nat’l Bank, 685 So. 2d 98 (Fla. 3d DCA 1997). Certiorari granted.…
Authorities Cited
- Alphonso Hall v. State, 312 So. 2d 221 (Fla. 4th DCA 1975)
- State v. Erwin Stein, 312 So. 2d 221 (Fla. 3d DCA 1975)