JORGE PASCUAL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (21 total)

• Lindsey v. Merrill King and Priscilla King, 894 So. 2d 1058 (Fla. 1st DCA 2005)
  …. 2d at 512 (citing Winstead v. Adams, 363 So. 2d 807 (Fla. 1st DCA 1978)). Public policy in Florida favors deciding controversies on their merits, even when an initial brief is untimely filed. See United Auto. Ins. Co. v. Total Rehab. & Med. Ctr., 870 So. 2d 866, 869 (Fla. 3d DCA 2004) (citing North Shore Hosp., Inc. v. Barber, 143 So. 2d 849, 853 (Fla.1962); Apolaro v. Falcon, 566 So. 2d 815, 816 (Fla. 3d DCA 1990)). As the Fourth District has noted, the appellate rules allow for extensions of time for mos…
• Nicaragua Trader Corp. v. Alejo Fla. Props., LLC, 19 So. 3d 395 (Fla. 3d DCA 2009)
  …ion of dismissal. See e.g., United Auto. Ins. Co. v. County Line Chiropratic Ctr., 8 So. 3d 1258 (Fla. 4th DCA 2009); Lindsey v. King, 894 So. 2d 1058 (Fla. 1st DCA 2005); Holder, 867 So. 2d at 622; United Auto. Ins. Co. v. Total Rehab. & Med. Ctr., 870 So. 2d 866 (Fla. 3d DCA 2004); Irvin v. Williams, 736 So. 2d 705 (Fla. 1st DCA 1999). Here, the tenant’s initial motion for reconsideration tolled the time for filing its brief until such time as the court issued a ruling. The court never ruled on this motion…
• Perez & Perez, M.D., P.A. v. Holder, 867 So. 2d 622 (Fla. 2d DCA 2004)
  …ss. Due process requires that a court imposing a deadline on a litigant for the performance of a particular act give the litigant reasonable notice of the deadline before the deadline arrives. See United Auto. Ins. Co. v. Total Rehab & Medical Ctr., 870 So. 2d 866, 869, 2004 WL 231799 (Fla. 3d DCA Feb.4, 2004) (“[Cjonsiderations of fairness dictate that if a failure to file the brief by the deadline may subject the appeal to dismissal, there must [be] fair warning of that fact in advance.”). We therefore gra…