THEODORE ROBBINS, APPELLANT,
v.
CITY OF TITUSVILLE, APPELLEE
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The Florida Supreme Court dismissed an appeal because the appellant failed to file the record and brief within the required fifteen-day period after filing the notice of appeal, and showed no good cause for the delay. This highlights the importance of adhering to appellate procedural rules.
Yes, the appeal is dismissed because the appellant failed to file the required documents within the specified time and did not demonstrate good cause for the delay.
“neither the record on appeal nor appellant's brief was filed within fifteen days of the filing of the notice of appeal and no good cause has been shown by the appellant Robbins for the failure to comply with the rules.”
This quote establishes the factual basis for the court's decision to dismiss the appeal, highlighting the appellant's procedural default.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Theodore Robbins, filed a notice of appeal on August 23, 1964. However, he failed to file the record on appeal or his brief within the …
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Upon consideration of the motion of the appellee, City of Titusville, to quash the appeal herein and the motion of the appellant, Theodore Robbins, for extension of time for filing brief and record on appeal, the Court finds that the notice of appeal herein was filed August 23, 1964 but that, contrary to the provisions of the rules governing appeals in bond validation proceedings, neither the record on appeal nor appellant’s brief was filed within fifteen days of the filing of the notice of appeal and no good cause has been shown by the appellant Robbins for the failure to comply with the rules. It is, therefore,
Ordered that the motion to quash said appeal be and the same is hereby granted and said appeal be and the same is hereby dismissed with prejudice.
It is so ordered.
DREW, C. J., and THORNAL, O’CON-NELL, CALDWELL and. ERVIN, JJ., concur.
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State v. City OF Titusville, 173 So. 2d 443 (Fla. 1965)…PER CURIAM. October 7th, 1964 this Court quashed the appeal of the appellant Robbins from a decree validating certain bonds of the City of Titusville and dismissed the same with prejudice. 170 So. 2d 844. Petition for rehearing was denied November 5th, 1964. On March 2, 1965 this same appellant filed in the Circuit Court of the Ninth Judicial Circuit of Florida a pleading entitled “Motion for Rehearing,” directed to the decree validating the identi…