Billens v. State

By petition for writ of certiorari, David Billens seeks relief from a circuit court order granting the state’s motion to dismiss his appeal for lack of prosecution and failure to file an initial brief. The circuit court dismissed Mr. Billens’ appeal three days (one business day) after the state’s *285motion was filed and did not therefore, provide him the ten days to respond to the state’s motion required by Florida Rule of Appellate Procedure 9.410(b)(5). “It is well settled that dismissal of an appeal without providing the requisite notice under rule 9.410 constitutes a departure from the…