GEORGE V. FAMIGLIO, C.P.A., PETITIONER,
v.
ACCREDITED PROFESSIONAL SERVICES, INC., RESPONDENT
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PER CURIAM.
The petitioner seeks a writ of certiorari to quash an order of the circuit court, sitting in its appellate capacity, that dismissed his appeal as a sanction for failing to file his brief timely. The circuit court had granted the petitioner a prior extension. Because the petitioner has failed to demonstrate that the circuit court did not afford him procedural due process or that it did not apply the correct law, see City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982), we deny the petition for writ of certiorari. But see Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991) (dismissal of criminal appeal from county court “too harsh a sanction” where appellant failed to file brief by extended deadline, but filed brief “a few days” after state had served motion to dismiss).
LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mellie T. Baron v. First Union Nat'l Bank of Fla., 792 So. 2d 708 (Fla. 5th DCA 2001)…394 So. 2d 1111 (Fla. 1st DCA 1981). Accordingly, we deny the petition, since the record demonstrates the circuit court afforded Baron procedural due process and it ap [*710] plied the correct law. Famiglio v. Accredited Professional Services, Inc., 592 So. 2d 257 (Fla. 2d DCA 1991), rev. denied, 599 So. 2d 655 (Fla.1992). Petition for Writ of Certiorari DENIED. COBB and HARRIS, JJ., concur. . See Philbrick v. County of Volusia, 668 So. 2d 341 (Fla. 5th DCA 1996). . Irvin v. Williams, 736 So. 2d 705 (Fla.…
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United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So. 2d 866 (Fla. 3d DCA 2004)…spond to court orders; appeal dismissed); Swicegood v. Florida Dept. of Transp., 394 So. 2d 1111 (Fla. 1st DCA 1981) (brief overdue for two and one half months; inadequate response to court order). But see Famiglio v. Accredited Prof'l Servs., Inc., 592 So. 2d 257 (Fla. 2d DCA 1991) (denying certiorari relief; facts not stated). If dismissal of the appeal is not justified but sanctionable conduct has occurred, then sanctions may be imposed. See Philip J. Padovano, Florida Appellate Practice § 16.8, at 241-42;…
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991)