Varnado v. Rakusin Law Firm

District Court of Appeal of Florida

Varnado v. Rakusin Law Firm

88 So. 3d 428, 2012 WL 1698285, 2012 Fla. App. LEXIS 7847

CourtDistrict Court of Appeal of Florida

DecidedMay 16, 2012

DocketNo. 4D11-2956

StatusPublished

This text of 88 So. 3d 428 (Varnado v. Rakusin Law Firm) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Varnado v. Rakusin Law Firm, 88 So. 3d 428, 2012 WL 1698285, 2012 Fla. App. LEXIS 7847 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

The petition for second-tier review of the order of the circuit court sitting in its appellate capacity is granted. The court dismissed petitioner’s appeal of a county court judgment for failure to file a brief, without providing ten days’ notice as required before sanctions may be imposed. See Fla. RApp. P. 9.410. Respondent concedes that the court departed from the essential requirements of law. See Tucker v. Charles D. Franken, P.A., 62 So.3d 1207, 1208 (Fla. 4th DCA 2011). See also United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So.2d 866, 870 (Fla. 3d DCA 2004). This matter is remanded to the circuit court for further proceedings consistent with the foregoing cases.

WARNER, POLEN and TAYLOR, JJ., concur.

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PER CURIAM.

The petition for second-tier review of the order of the circuit court sitting in its appellate capacity is granted. The court dismissed petitioner’s appeal of a county court judgment for failure to file a brief, without providing ten days’ notice as required before sanctions may be imposed. See Fla. RApp. P. 9.410. Respondent concedes that the court departed from the essential requirements of law. See Tucker v. Charles D. Franken, P.A., 62 So.3d 1207, 1208 (Fla. 4th DCA 2011). See also United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So.2d 866, 870 (Fla. 3d DCA 2004). This matter is remanded to the circuit court for further proceedings consistent with the foregoing cases.

WARNER, POLEN and TAYLOR, JJ., concur.

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Bluebook (online)

88 So. 3d 428, 2012 WL 1698285, 2012 Fla. App. LEXIS 7847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varnado-v-rakusin-law-firm-fladistctapp-2012.

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