MIRAGE POOLS, INC., PETITIONER,
v.
RICHARD DEWITT AND LISA DEWITT, RESPONDENTS
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Mirage Pools seeks certiorari review of a circuit court's order dismissing its appeal for failure to timely file an initial brief. The Fourth District Court of Appeal granted the petition because the circuit court failed to provide the required ten-day notice before dismissing the appeal, having sent the order to show cause to the wrong address.
The circuit court did not provide the required ten-day notice before dismissing Mirage's appeal because it sent the order to show cause to the wrong address. Therefore, the circuit court failed to comply with appellate rules, and the dismissal order must be quashed.
[1] A circuit court must provide ten days' notice to a party before dismissing its appeal for failure to timely file an initial brief.
[2] A circuit court fails to provide the required notice of intent to dismiss an appeal when its order to show cause is sent to the wrong address.
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Join FLexlaw to unlock all legal intelligence“Florida Rule of Appellate Procedure 9.410 requires that the court give ten days notice to a party before dismissing its appeal.”
Establishes the mandatory procedural requirement that the circuit court allegedly violated
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Join FLexlaw to unlock all legal intelligenceMirage Pools filed an appeal with the circuit court, appellate division. The circuit court sent an order to show cause regarding why the appeal should…
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POLEN, J.
Mirage Pools, Inc. petitions this court for a writ of certiorari to review the order of the circuit court, appellate division, which denied reconsideration of an earlier order dismissing Mirage’s appeal to that court for failure to timely file an initial brief. We have jurisdiction. See Haines City Community Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995). Because the circuit court did not give the required notice of its intent to dismiss Mirage’s appeal, we grant the petition and quash the order under review.
The question in this case is whether the circuit court gave Mirage notice of its intent to dismiss its appeal. Florida Rule of Appellate Procedure 9.410 requires that the court give ten days notice to a party before dismissing its appeal. Fla. R.App. P. 9.410. Here, the record shows that the circuit court sent 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 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 circuit court shall reinstate Mirage’s appeal.
STONE, AND TAYLOR, JJ., concur.
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Boulder Mgmt., Inc. v. The Charis Healing Ministries & The Rev. Paul J. Schweinler, 931 So. 2d 1058 (Fla. 4th DCA 2006)…appeal to dismissal. See Fla. R.App. P. 9.410 (requiring that an appellate court give ten days notice before imposing sanctions, such as dismissal, for the violation of any of the Florida Rules of Appellate Procedure); Mirage Pools, Inc. v. Dewitt, 757 So. 2d 1280 (Fla. 4th DCA 2000); United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So. 2d 866 (Fla. 3d DCA 2004) (en banc). As the circuit court departed from the essential requirements of law, we quash the order of dismissal and remand for further procee…
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Tucker v. Charles D. Franken, P.A., 62 So. 3d 1207 (Fla. 4th DCA 2011)…., LLC, 19 So. 3d 395, 397 (Fla. 3d DCA 2009). Accordingly, we grant the petition to the extent that we quash the order dismissing Tucker’s notice of appeal and remand for the circuit court to reinstate the appeal. See Mirage Pools, Inc. v. Dewitt, 757 So. 2d 1280 (Fla. 4th DCA 2000). Petition for writ of certiorari granted in part; denied in part. GROSS, C.J., HAZOURI and GERBER, JJ., concur.…
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United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So. 2d 866 (Fla. 3d DCA 2004)…Fourth District has explained that the ten-day notice corresponds to the ten-day period referenced in Florida Rule of Appellate Procedure 9.410, which addresses sanctions which may be imposed in an appellate proceeding. Mirage Pools, Inc. v. Dewitt, 757 So. 2d 1280 (Fla. 4th DCA 2000).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Marcel E. Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998)
- Shaw v. State, 715 So. 2d 1148 (Fla. 4th DCA 1998)