MELLIE T. BARON, APPELLANT,
v.
FIRST UNION NATIONAL BANK OF FLORIDA, APPELLEE
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Mellie Baron appeals the dismissal of her county court appeal for failure to file a required appellate brief. The Fifth District Court of Appeal treated her appeal as a petition for a writ of certiorari and denied relief, finding that the circuit court properly dismissed her appeal with prejudice for failing to comply with appellate rules.
The court denied Baron's petition for a writ of certiorari, holding that the circuit court was justified in dismissing the appeal because Baron failed to file a brief, provided no reasonable explanation for non-compliance with appellate rules, and demonstrated she would be unable to prosecute the appeal according to appellate procedures.
[1] Dismissal of an appeal is an extreme sanction reserved for the most flagrant violations of appellate rules.
[2] A party's failure to file a brief without a reasonable explanation may justify dismissal of an appeal.
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Join FLexlaw to unlock all legal intelligenceBaron filed her notice of appeal on April 24, 2000, but failed to file her initial brief due on July 3, 2000, and did not request an extension. First …
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Baron appeals from an order of the circuit court sitting in its appellate capacity, which dismissed her appeal from the county court for failure to file a brief. The proper remedy in this case for Baron would have been to petition this court for a writ of certiorari. See Fla. R.App. P. 9.030(b)(2)(B). We elect to treat this appal as a petition for a writ of certiorari pursuant to rule 9.040(c),1 and deny the writ.
In this case, Baron filed her notice of appeal on April 24, 2000. She failed to file her initial brief, which was due on July 3, 2000, and also neglected to file a motion for extension of time to do so. Appellee (Respondent)First Union National Bank of Florida, moved to dismiss the appeal for failure to file the brief, on September 11, 2000. Baron filed a response in which she requested an extension of time, explaining: “I have been trying to obtain the information necessary to put in the brief.” On October 18, 2000, the circuit court dismissed the appeal with prejudice.
In reviewing the final order of the circuit court, this court is limited to determining whether the circuit court afforded procedural due process and applied the correct law. Department of Highway Safety and Motor Vehicles v. Perry, 751 So. 2d 1277 (Fla. 5th DCA 2000). We acknowledge that dismissal of an appeal is an extreme sanction, and should be reserved for the most flagrant violations of the appellate rules.2
However, in this case, Baron failed to file a brief, and she failed to give any reasonable explanation as to why she failed to comply with the appellate rules. Compare Irvin; Craig; Krebs. Further, Baron has not alleged she was denied access to court records, or that any documents are being withheld by First Union. She also had almost six months from the date of filing her appeal to the time it was dismissed, but offered no explanation as to why she was unable to obtain the necessary information needed for the brief. It also appears Baron was unprepared in the county court proceedings.3
The circuit court was justified in concluding Baron would never be able to prosecute her appeal, pursuant to the appellate rules. See, e.g., C.H. v. Department of Children and Families, 744 So. 2d 1212 (Fla. 3d DCA 1999); Swicegood v. Florida Department of Transportation, 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 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. 1st DCA 1999); Craig v. Preston, 593 So. 2d 578 (Fla. 3d DCA 1992); Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991), rev. denied, 599 So. 2d 658 (Fla.1992).
.She moved for a continuance apparently only after summary judgment was rendered against her.
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Kaloyios v. Regal Homes OF Cent. Fla., Inc., 967 So. 2d 1035 (Fla. 5th DCA 2007)…on of dismissing an appeal is imposed when there is extreme, willful misconduct, or an intentional disregard of court orders or the appellate rules, which rises to the level of inexcusable neglect. See, e.g., Baron v. First Union Nat’l Bank of Fla., 792 So. 2d 708 (Fla. 5th DCA 2001) (denying certiora-ri where circuit court dismissed appeal almost six months after appeal was initiated and there was no reasonable justification for delay in filing initial brief). In this case, the late filing of the initial bri…
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Fla. Cap. Mgmt., LLC v. Town OF Palm Beach, 114 So. 3d 389 (Fla. 4th DCA 2013)…er of March 18, 2012, explicitly warned petitioner that its appeal was subject to dismissal if that order was not complied with. As a consequence, the court’s subsequent order of dismissal comported with due process. Baron v. First Union Nat’l Bank, 792 So. 2d 708, 710 (Fla. 5th DCA 2001); Swicegood v. Fla. Dep’t of Transp., 394 So. 2d 1111, 1112 (Fla. 1st DCA 1981). In addition, the circuit court applied the correct law to the facts of this case, as the intentional disregard of a court order provides justif…
Authorities Cited
- Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991)
- Dep't of Hwy. Safety & Motor Vehicles v. Perry, 751 So. 2d 1277 (Fla. 5th DCA 2000)
- Swicegood v. Fla. Dep't of Transp., 394 So. 2d 1111 (Fla. 1st DCA 1981)
- Irvin v. Jimmie (Jamey) Williams, 736 So. 2d 705 (Fla. 1st DCA 1999)
- Philbrick v. Cnty. OF Volusia, 668 So. 2d 341 (Fla. 5th DCA 1996)
- George v. Famiglio, 592 So. 2d 257 (Fla. 2d DCA 1991)
- C.H. and A.G. v. Dept. OF Children AND Families and The Guardian Lower Ad Litem Program, 744 So. 2d 1212 (Fla. 3d DCA 1999)