THE STATE OF FLORIDA, PETITIONER,
v.
ERWIN STEIN A/K/A ERWIN STERN, RESPONDENT

Fla. 3d DCA | 1975-05-06
No. 75-2
Before BARKDULL, C. J., HENDRY, J., and CHARLES CARROLL (Ret.), Associate Judge.
312 So. 2d 221 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 1 case
Topics
Rules Of Appellate Procedure Timeliness Of Filing Writ Of Certiorari

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The State of Florida, feeling aggrieved by a dismissal of its appeal to the Circuit Court, acting in its appellate capacity, seeks a writ of certiorari from this court.

The Circuit Court dismissed the State’s appeal on a motion to dismiss filed by the defendant Erwin Stein (a/k/a Stern) which alleged that the state had failed to timely serve its brief upon the defendant-appellee.

The record reveals that the state had met all previous deadlines under the applicable appellate rules. Accepting the respondent’s contention that he did not receive the state’s brief by mail until October 17, 1974, we calculate that to be only three days late, excluding the weekend and an intervening holiday. Under the circumstances, we think that dismissal of the appeal was too harsh and accordingly the writ of certiorari is granted and the order entered by the circuit court is quashed with directions to proceed with the appeal.

It is so ordered.

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Citator

Cited By

  • Leonard v. First Union Nat'l Bank OF Fla., 685 So. 2d 98 (Fla. 3d DCA 1997)
    …Bank filed its motion to dismiss. On July 9, 1996, the dismissal order under review was entered. Assuming that Leonard’s brief was untimely filed, we find the dismissal to be too harsh' a sanction for the minimal time involved. See State v. Stein, 312 So. 2d 221 (Fla. 3d DCA 1975). Accordingly, the writ is issued and the dismissal order is quashed.…

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