NUTEC AND SMOOTH SLIDE, APPELLANTS,
v.
DENNIS DOLESHALL, APPELLEE
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An uninsured employer appealed a workers' compensation decision but failed to pay the mandatory $300 appellate filing fee despite court orders to do so. The Florida appellate court dismissed the appeal and sanctioned the appellant's attorney by ordering him to personally pay the unpaid filing fee.
The appeal is dismissed for nonpayment of the mandatory $300 filing fee. The appellant's attorney, Michael Antinori, is ordered to personally pay the $300 unpaid filing fee to the court as a sanction for the disregard of appellate rules and court orders.
[1] A mandatory filing fee is required to docket an appeal, and this fee is an entry fee to the appellate process, not a fee for prosecuting the appeal to a final result.
[2] Failure to pay a required appellate filing fee, even after an order to do so, can result in dismissal of the appeal.
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Join FLexlaw to unlock all legal intelligence“The filing fee is an entry fee to the appellate process, not a fee for prosecuting the appeal to a final result.”
Establishes that the filing fee is a mandatory prerequisite to appellate jurisdiction, not contingent on the outcome of the appeal.
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Join FLexlaw to unlock all legal intelligenceAppellant, an uninsured employer, filed a notice of appeal in a workers' compensation case but did not pay the required $300 filing fee. The appellate…
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In this workers’ compensation case, Appellant, an uninsured employer,1 challenges an order of the Judge of Compensation Claims. Appellant filed a notice of appeal in the lower tribunal, but failed to pay the mandatory $300 filing fee required by both section 35.22(3), Florida Statutes (2011), and Florida Rule of Appellate Procedure 9.180(b)(3). Thereafter, this court entered an order requiring Appellant to pay the filing fee within twenty days; Appellant did not respond to the order, nor did it pay the filing fee as was ordered. Ultimately this court entered an order requiring Appellant to show cause within ten days why the appeal should not be dismissed and why Appellant’s attorney, Michael Antinori, should not be held personally responsible for the payment of the filing fee. Neither Appellant nor its attorney Michael Antinori responded to this order to show cause.
Section 35.22(3)(a), Florida Statutes (2011), requires in mandatory language that the clerk of the appellate court charge $300 for each case that is docketed, and Florida Rule of Appellate Procedure 9.180(b)(3)2 provides that a notice of appeal shall be accompanied by the filing fee unless the filing party seeks waiver of the filing fee (circumstances not applicable here). “The filing fee is an entry fee to the appellate process, not a fee for prosecuting the appeal to a final result.” In re: Payment of Filing Fees, 744 So.2d 1025, 1026 (Fla. 4th DCA 1997). Dismissal or abandonment of an appeal or petition does not relieve the appellant or petitioner from the obligation to either pay the filing fee or secure a waiver thereof. Because of the complete disregard that both Appellant and attorney Michael Antinori have shown for the rules of procedure and this court’s orders, and further, because neither Appellant nor Michael Antinori has shown cause why attorney Michael Antinori should not be held personally responsible for payment of the filing fee, we hereby dismiss this appeal and, as a sanction, order Michael Antinori to pay to this court $300 to cover the unpaid filing fee. See Florida Rule of Appellate Procedure 9.410.
DISMISSED.
MARSTILLER, RAY, and SWANSON, JJ., CONCUR.
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Citator
Authorities Cited
- In re Payment OF Filing Fees. Glen A. Stacey v. Ricci, 744 So. 2d 1025 (Fla. 4th DCA 1997)