LOUIS F. SELL, APPELLANT,
v.
MARILYN RAE SELL, APPELLEE
We grant appellee Marilyn Rae Sell’s Motion to Dismiss this appeal. Rodriguez v. Rodriguez, 640 So. 2d 138 (Fla. 3d DCA 1994); Gazil v. Gazil, 343 So. 2d 595, 597 (Fla.1977) (“Where the appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal.”); McLemore v. McLemore, 567 So. 2d 23, 24 (Fla. 1st DCA 1990); Segall v. Downtown Assocs., 546 So. 2d 11, 12 (Fla. 3d DCA 1989); Keidaish v. Smith, 400 So. 2d 90, 91 (Fla. 2d DCA 1981).
An appellate court, however, should ordinarily provide a grace period prior to dismissing the appeal, within which time the appellant may comply with the violated trial court order and thereby prevent dismissal. See Davidson v. District Court of Appeal, Fourth Dist., 501 So. 2d 603, 604 (Fla.1987); Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987).
We therefore stay this dismissal for a period of ten (10) days to comply with the trial court’s order, or post the previously ordered bond.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Viacao Aerea SAO Paulo, S.A. v. Pegasus Aviation, Inc., 904 So. 2d 631 (Fla. 3d DCA 2005)…A 1990). Because an appellate court should ordinarily provide a grace period prior to dismissing an appeal, within which time the appellant may comply with the trial court’s order, we stay this dismissal for a period of ten (10) days. Sell v. Sell, 882 So. 2d 400 (Fla. 3d DCA 2004); Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987). Appeal dismissed.…
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Daniels v. JP Morgan Chase Bank, N.A., 201 So. 3d 11 (Fla. 3d DCA 2012)…hin which time to comply with the trial court’s orders. Appellate courts ordinarily provide a grace period prior to the dismissal of an appeal. See Davidson, 501 So. 2d at 604; Viacao Aerea Sao Paulo, S.A., 904 So. 2d. at 632. See also Sell v. Sell, 882 So. 2d 400 (Fla. 3d DCA 2004). We therefore stay this dismissal for a period of twenty days. Appeal dismissed.…
Authorities Cited
- Gazil v. Gazil, 343 So. 2d 595 (Fla. 1977)
- Davidson v. Dist. Court OF Appeal, 501 So. 2d 603 (Fla. 1987)
- Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987)
- Klenton McLEMORE v. McLEMORE, 567 So. 2d 23 (Fla. 1st DCA 1990)
- Steinmetz Grp. Ltd. v. Blackmon, 546 So. 2d 11 (Fla. 3d DCA 1989)
- Keidaish v. Smith, 400 So. 2d 90 (Fla. 2d DCA 1981)
- Gath v. ST. Lucie County-Fort Pierce Fire Dist., 640 So. 2d 138 (Fla. 4th DCA 1994)