WALTER R. SHAW, SR., AN INDIVIDUAL, D/B/A ALLIED MOWING SERVICE, PETITIONER,
v.
STATE OF FLORIDA, FLORIDA DEPARTMENT OF TRANSPORTATION, A STATE AGENCY, RESPONDENT
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PER CURIAM.
Walter R. Shaw, Sr. petitions for writ of certiorari to review the order.of the circuit court, appellate division, dismissing Shaw’s appeal from the county court. We 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. Solomon & Benedict, 704 So. 2d 685 (Fla. 2d DCA 1997) (petitioners were deprived of access to court and circuit court’s dismissal of their appeal was unwarranted sanction for late filing of initial brief and motion for extension of time, where petitioners had good reasons to be confused about briefing schedule and clerk was late in preparing record on appeal). On remand, the circuit court shall reinstate Shaw’s appeal.
STONE, C.J., and GUNTHER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mirage Pools, Inc. v. Dewitt, 757 So. 2d 1280 (Fla. 4th DCA 2000)…ent its order to show cause on why the appeal should not be dismissed to the wrong address; therefore, we hold it failed to give Mirage the required ten-day notice before dismissing its appeal for failure to file an initial brief. See Shaw v. State, 715 So. 2d 1148 (Fla. 4th DCA 1998) (granting certiorari and quashing circuit court’s order dismissing 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 appell…
Authorities Cited
- Magier v. Solomon & Benedict, P.A., 704 So. 2d 685 (Fla. 2d DCA 1997)
- Marcel E. Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998)