04-0724 SELL V. SELL

State: Florida

Court: Florida Third District Court

Docket No: 04-0724 SELL V. SELL

Case Date: 06/30/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM A.D., 2004 ** ** Appellant, vs. MARILYN RAE SELL, Appellee. ** Opinion filed June 30, 2004. An Appeal from the Circuit Court for Monroe County, Robert M. Deehl, Judge. Frigola, DeVane & Dorl, and William N. DeVane, Jr., and Edna L. Caruso, for appellant. Rudolph & Leacock, LLP, and Howard Rudolph, and David Leacock; and Sheri Smallwood, Chartered, Sheri Smallwood, for appellee. Before LEVY, FLETCHER, and RAMIREZ, JJ. PER CURIAM. ON MOTION TO DISMISS GRANTED We grant appellee Marilyn Rae Sell's Motion to Dismiss this appeal. Rodriguez v. Rodriguez, 640 So. 2d 133 (Fla. 3d DCA ** ** ** LOWER TRIBUNAL NO. 01-1116 CASE NO. 3D04-724

LOUIS F. SELL,

1994); Gazil v. Gazil, 343 So. 2d 595, 597 (Fla. 1977) ("Where the appellant has disobeyed an order of the trial court, the appellate court may, in its discretion, either entertain or

dismiss an appeal."); McLemore v. McLemore, 567 So. 2d 23, 24 (Fla. 1st DCA 1990); Segall v. Downtown Assocs., 546 So. 2d 11, 12 (Fla. 3d DCA 1989); Keidaish v. Smith, 400 So. 2d 90, 91 (Fla. 2d DCA 1981). a An grace appellate period court, to however, should the

ordinarily

provide

prior

dismissing

appeal, within which time the appellant may comply with the violated trial court order and thereby prevent dismissal. See

Davidson v. District Court of Appeal, Fourth Dist., 501 So. 2d 603, 604 (Fla. 1987); Pasin v. Pasin, 517 So. 2d 742 (Fla. 4th DCA 1987). We therefore stay this dismissal for a period of ten

(10) days to comply with the trial court's order, or post the previously ordered bond.

2

Download 04-0724 SELL V. SELL.pdf