MARCEL E. MARTY, APPELLANT,

v.

PATRICK J. BAINTER, APPELLEE

Citator

Cited By

• Mirage Pools, Inc. v. Dewitt, 757 So. 2d 1280 (Fla. 4th DCA 2000)
  …sing appeal where circuit court did not give petitioner ten-day notice required by Rule 9.410). Accordingly, because the circuit court failed to comply with the appellate rules regarding notice, we quash the order under review. See Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998) (granting certiorari and quashing circuit court’s order dismissing appeal as sanction for failure to comply with appellate rules, where circuit court did not give petitioner ten-day notice required by Rule 9.410). On remand, the…
• Wood v. State, 827 So. 2d 360 (Fla. 1st DCA 2002)
  …d violated his due process rights by granting the state’s motion to dismiss his appeal without providing him with an opportunity to respond to the motion. We agree and grant the petition. See Fla. R.App. P. 9.300 (2000); see, e.g., Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998)(grant-ing the petition for a writ of certiorari after the circuit court dismissed the petitioner’s appeal without giving him the ten day notice required by Fla. R.App. P. 9.410); Lawson v. State, 654 So. 2d 1018 (Fla. 1st DCA 199…
• Shaw v. State, 715 So. 2d 1148 (Fla. 4th DCA 1998)
  …e grant the petition and quash the order under review because the circuit court failed to give Shaw the ten-day notice required by Florida Rule of Appellate Procedure 9.410 before dismissing his appeal for failure to prosecute. See Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998) (granting certiorari and quashing circuit court’s order dismissing appeal as sanction for failure to comply with appellate rules, where circuit court did not give petitioner ten-day notice required by Rule 9.410); Magier v. Solom…

Authorities Cited

• Lawson v. State, 654 So. 2d 1018 (Fla. 1st DCA 1995)