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Shaw v. State

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
715 So. 2d 1148 (Fla. Dist. Ct. App. 1998)

Summary

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

Summary of this case from Mirage Pools, Inc. v. Dewitt

Opinion

No. 98-1720

August 26, 1998

Petition for writ of certiorari to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Patricia Cocalis, Judge; L.T. Case No. 97-16496 CACE 04.

Bonnie G. Katz, Miami Beach, for petitioner.

Vance W. Kidder, Assistant General Counsel, Tallahassee, for respondent.


Walter R. Shaw, Sr. petitions for writ of certiorari to review the order of the circuit court, appellate division, dismissing Shaw's appeal from the county court. We grant the petition and quash the order under review because the circuit court failed to give Shaw the ten-day notice required by Florida Rule of Appellate Procedure 9.410 before dismissing his appeal for failure to prosecute. 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); Magier v. Solomon Benedict, 704 So.2d 685 (Fla. 2d DCA 1997) (petitioners were deprived of access to court and circuit court's dismissal of their appeal was unwarranted sanction for late filing of initial brief and motion for extension of time, where petitioners had good reasons to be confused about briefing schedule and clerk was late in preparing record on appeal). On remand, the circuit court shall reinstate Shaw's appeal.

STONE, C.J., GUNTHER and SHAHOOD, JJ., concur.


Summaries of

Shaw v. State

District Court of Appeal of Florida, Fourth District
Aug 26, 1998
715 So. 2d 1148 (Fla. Dist. Ct. App. 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

Summary of this case from Mirage Pools, Inc. v. Dewitt
Case details for

Shaw v. State

Case Details

Full title:WALTER R. SHAW, SR., an individual, d/b/a Allied Mowing Service…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 26, 1998

Citations

715 So. 2d 1148 (Fla. Dist. Ct. App. 1998)

Citing Cases

Mirage Pools, Inc. v. Dewitt

Here, the record shows that the circuit court sent its order to show cause on why the appeal should not be…