Florida District Courts of Appeal, 2012

Varnado v. Rakusin Law Firm

Varnado v. Rakusin Law Firm
Florida District Courts of Appeal · Decided May 16, 2012 · Polen, Taylor, Warner
88 So. 3d 428; 2012 WL 1698285; 2012 Fla. App. LEXIS 7847 (Southern Reporter, Third Series)

Varnado v. Rakusin Law Firm

Opinion of the Court

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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