Wood v. State

District Court of Appeal of Florida

Wood v. State

827 So. 2d 360, 2002 Fla. App. LEXIS 14301, 2002 WL 31202449

CourtDistrict Court of Appeal of Florida

DecidedOctober 4, 2002

DocketNo. 1D01-3963

StatusPublished

This text of 827 So. 2d 360 (Wood v. State) 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

Wood v. State, 827 So. 2d 360, 2002 Fla. App. LEXIS 14301, 2002 WL 31202449 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Kevin Wood seeks certiorari review of an order of the circuit court acting in its appellate capacity. Wood contends that the circuit court departed from the essential requirements of the law and violated his due process rights by granting the state’s motion to dismiss his appeal without providing him with an opportunity to respond to the motion. We agree and grant the petition. See Fla. R.App. P. 9.300 (2000); see, e.g., Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998)(grant-ing the petition for a writ of certiorari after the circuit court dismissed the petitioner’s appeal without giving him the ten day notice required by Fla. R.App. P. 9.410); Lawson v. State, 654 So.2d 1018 (Fla. 1st DCA 1995). The circuit court shall reinstate Wood’s appeal and grant him an opportunity to respond to the state’s motion to dismiss.

ERVIN, WOLF and PADOVANO, JJ., concur.

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PER CURIAM.

Kevin Wood seeks certiorari review of an order of the circuit court acting in its appellate capacity. Wood contends that the circuit court departed from the essential requirements of the law and violated his due process rights by granting the state’s motion to dismiss his appeal without providing him with an opportunity to respond to the motion. We agree and grant the petition. See Fla. R.App. P. 9.300 (2000); see, e.g., Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998)(grant-ing the petition for a writ of certiorari after the circuit court dismissed the petitioner’s appeal without giving him the ten day notice required by Fla. R.App. P. 9.410); Lawson v. State, 654 So.2d 1018 (Fla. 1st DCA 1995). The circuit court shall reinstate Wood’s appeal and grant him an opportunity to respond to the state’s motion to dismiss.

ERVIN, WOLF and PADOVANO, JJ., concur.

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Bluebook (online)

827 So. 2d 360, 2002 Fla. App. LEXIS 14301, 2002 WL 31202449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-state-fladistctapp-2002.

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