KEVIN E. WOOD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Certiorari Review cases and more on FLexlaw
PER CURIAM.
Kevin Wood seeks certiorari review of an order of the circuit court acting in its appellate capacity. Wood contends that the circuit court departed from the essential requirements of the law and 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 1995). The circuit court shall reinstate Wood’s appeal and grant him an opportunity to respond to the state’s motion to dismiss.
ERVIN, WOLF and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lorant v. Whitney Nat'l Bank, 162 So. 3d 244 (Fla. 1st DCA 2015)…anted the motion, entering a “Corrected and Supplemental” final deficiency judgment. Mr. Lorant then appealed. We review rulings under Florida Rule of Civil Procedure 1.540(a) under an abuse of discretion standard. See Clements Agency v. Lungstrum, 827 So. 2d 360 (Fla. 1st DCA 2002). Rule 1.540(a) specifically allows for the correction of “clerical mistakes” and “errors” in judgments “arising from oversight or omission” for an indefinite period of time. Rule 1.540(b), on the other hand, allows for the correc…
-
G.B. Holdings, Inc. v. Steinhauser, 862 So. 2d 97 (Fla. 4th DCA 2003)…f execution was in error. The standard of review applicable to a motion to amend a complaint and a final judgment is abuse of discretion. Frenz Enters., Inc. v. Port Everglades, 746 So. 2d 498, 503 (Fla. 4th DCA 1999); Clements Agency v. Lungstrum, 827 So. 2d 360, 361 (Fla. 1st DCA 2002). It is proper to amend pleadings to conform to the evidence or in the event that amendment is necessary for the furtherance of justice. Fla. R. Civ. P. 1.190. It is proper to amend final judgments where clerical mistakes hav…
Authorities Cited
- Marcel E. Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998)
- Lawson v. State, 654 So. 2d 1018 (Fla. 1st DCA 1995)