Weisberg v. Wegener

District Court of Appeal of Florida

Weisberg v. Wegener

487 So. 2d 1210, 11 Fla. L. Weekly 1080, 1986 Fla. App. LEXIS 7668

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1986

DocketNo. 4-86-0241

StatusPublished

Cited by1 cases

This text of 487 So. 2d 1210 (Weisberg v. Wegener) 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.

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Weisberg v. Wegener, 487 So. 2d 1210, 11 Fla. L. Weekly 1080, 1986 Fla. App. LEXIS 7668 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

We grant the petition for writ of certio-rari, quash the order dismissing appellant’s appeal and remand this cause for further proceedings on the authority of Trans-Continental Finance Corp. v. Baxter, 402 So.2d 1289 (Fla. 5th DCA 1981). There is considerable confusion in the record as to the status of the appeal at the time it was dismissed. It appears that dismissal was ordered before the appellant had an opportunity to prepare a record or to demonstrate that he could prosecute the appeal with the limited record available. See, e.g., Fla.R.App.P. 9.200(f)(2). The action we take at this time is without prejudice to the trial court to take appropriate action, including dismissal, should appellant fail to prosecute his appeal upon remand in accord with the Rules of Appellate Procedure.

DOWNEY, ANSTEAD and GUNTHER, JJ., concur.

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Opinion

PER CURIAM.

We grant the petition for writ of certio-rari, quash the order dismissing appellant’s appeal and remand this cause for further proceedings on the authority of Trans-Continental Finance Corp. v. Baxter, 402 So.2d 1289 (Fla. 5th DCA 1981). There is considerable confusion in the record as to the status of the appeal at the time it was dismissed. It appears that dismissal was ordered before the appellant had an opportunity to prepare a record or to demonstrate that he could prosecute the appeal with the limited record available. See, e.g., Fla.R.App.P. 9.200(f)(2). The action we take at this time is without prejudice to the trial court to take appropriate action, including dismissal, should appellant fail to prosecute his appeal upon remand in accord with the Rules of Appellate Procedure.

DOWNEY, ANSTEAD and GUNTHER, JJ., concur.

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487 So. 2d 1210, 11 Fla. L. Weekly 1080, 1986 Fla. App. LEXIS 7668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weisberg-v-wegener-fladistctapp-1986.

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