Parada Holding Co. v. Sulkin
Parada Holding Co. v. Sulkin
Opinion of the Court
The appellee has moved to dismiss this appeal for failure of the appellant to serve its brief within the time specified by Rule 3.7, subd.' a, Florida Appellate Rules, 31 F.S.A.
We are thus presented with the question of whether under the rules an
There is no doubt that in a proper case an appellate court in Florida may, in the exercise of its discretion, decline to dismiss an appeal upon the ground of appellant’s failure to file his brief on time. Baker-Lewis Const. Co. v. Midyette, 105 Fla. 502, 141 So. 534. Also, where the appeal is from a criminal conviction, the Florida Supreme Court has searched the record after appellant failed to submit a brief. Lamaneda v. State, 153 Fla. 835, 16 So.2d 56.
Likewise, an appellate court will decline to dismiss the appeal and allow the late filing of an appellant’s brief when good cause is shown for the delay. See Martin v. Martin, Fla.App.1960, 118 So.2d 649. In the instant case we have not been presented with a good cause. Mere oversight of counsel in setting his time schedule for perfecting an appeal has previously been held to be an insufficient reason for denying a motion to dismiss the appeal. Nitsos v. Carlisle, Fla.App.1958, 104 So.2d 144; accord, Lambert v. State, Fla.App.1958, 107 So.2d 615; State v. Hardy, Fla.App. 1958, 105 So.2d 385; cf. Savage v. Rowell Distributing Corp., Fla.1957, 95 So.2d 415, 418. This court will not, under ordinary circumstances and without good cause shown, extend the time allowed hy the rules for the service and filing of briefs or for the performance of the other appellate duties imposed upon counsel. This is particularly true where the application for extension of time is made after the expiration of the time limited, and after motion to dismiss is pending. Monroe-Jackson Hospital, Inc. v. Scarane, Fla.App.1960, 117 So.2d 6, 7; Graham v. Thornton, Fla.App. 1958, 104 So.2d 95.
The appeal is dismissed.
. “Rule 3.7a. Appellant’s Main Brief, Service. At least 40 clays before the elate upon which the record-on-appeal is required to be filed in the appellate court, the appellant shall serve one copy of his brief and appendix upon the appellee and he shall file the original and one copy of his brief and appendix with the clerk of the Court, together with proof of service of a copy thereof upon appel-lee.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.