Opinion
Case No. SC03-2207.
September 27, 2004.
Lower Tribunal Nos. 4D03-501, 4D03-1140, 4D03-1939.
The petition for writ of mandamus is hereby denied on the merits See Gazil v. Gazil, 343 So. 2d 595 (Fla. 1977) (holding that where appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or dismiss an appeal provided that the disobedient appellant must be given a period of grace, prior to the effective date of the dismissal, in which to comply with the disobeyed order).
Respondent's motion for attorney's fees is provisionally granted in the amount of $2,500.00, conditioned on the trial court's finding a fee award appropriate in light of the parties' respective financial need and ability to pay.
WELLS, ANSTEAD, LEWIS, QUINCE and BELL, JJ., concur.