MIGUEL BERMUDEZ
v.
EDY L .CASTRO
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The Eleventh Judicial Circuit Court, Appellate Division, dismissed Miguel Bermudez's appeal for failure to pay the required filing fee balance of $100.00 by the deadline, and denied the appellee's motion to compel the appellant to file his initial brief as moot.
The appellate court dismissed the appeal sua sponte for failure to pay the filing fee and denied the motion to compel as moot, since the dismissal eliminated the need to compel the filing of the brief.
[1] An appeal may be dismissed sua sponte by the court for failure to pay the filing fee.
[2] Failure to pay the balance of a filing fee by a court-ordered deadline can result in dismissal of an appeal.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellant paid a portion of the filing fee on January 7, 2015.”
Establishes that partial payment was made but the balance remained outstanding
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBermudez filed a notice of appeal from a final judgment on January 5, 2015. He paid a portion of the filing fee on January 7, 2015 but was notified th…
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This cause having been brought to this Court by appeal, and after due consideration the court having issued its opinion;
YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause in accordance with the opinion of this COURT attached hereto and incorporated as part of this order, and with the rules of procedure and laws of the STATE OF FLORIDA. Lower Tribunal Case Number(s): 14-012479-SP 05 WITNESS the Honorable Abby Cynamon, Administrative Judge of the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit of Florida and the seal of the said Circuit Court at Miami, this 05th day of August, 2015.
By:
EDY L. CASTRO
4798 NW 5TH STREET MIAMI, FL 33126 MIGUEL BERMUDEZ 1558 SOUTH DIXIE HWY MIAMI, FL 33146 A True Copy Attest Harvey Ravin Clerk of Court Tanya D. Bennett Deputy Clerk Mandate rev. 10/22/2008 [*1] IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. 2015-000004-AP-01 LOWER COURT CASE NUMBER: 2014-012479-SP-05
Miguel Bermudez Appellant(s),
vs.
Edy L.Castro Appellee(s)
ORDER
THIS CAUSE came before the Court on May 12, 2015 on Appellee's Motion to Compel Appellant to File Initial Brief. The Court has reviewed the motion and the Court docket and being fully advised, finds as follows:
1. Appellant filed a notice of appeal from a final judgment of the trial court on January 5, 2015. 2. Appellant paid a portion of the filing fee on January 7, 2015. 3. Appellant was notified by the Clerk that this case would be subject to dismissal if the balance of the filing fee, $100.00, was not paid by January 23, 2015. 4. As of today, May 12, 2015, Appellant has not the paid the balance. Therefore, this action is subject to dismissal. 5. Appellant has not yet filed its Initial Brief, which is overdue, and also has failed to request an extension of time.
WHEREUPON IT IS HEREBY ORDERED AND ADJUDGED as follows:
1. The Court sua sponte dismisses this appeal for failure to pay the filing fee.
2. The Court hereby denies the Motion to Compel as moot.
DONE AND ORDERED in chambers, at Miami-Dade County, Florida, this 12 day of May, 2015.
ABBY CYNAMON, ADMINISTRATIVE
JUDGE, APPELLATE DIVISION
Copies furnished to: Miguel Bermudez, Edy L. Castro