Ike's Carter Pool & Maintenance Co. v. Roberts

DOWNEY, Judge.

By petition for writ of certiorari petitioner seeks an order of this court quashing a decision of the circuit court, entered in its appellate capacity, which granted respondents’ motion to quash petitioner’s appeal because petitioner failed to timely file an appellant’s brief.

We have reviewed the petition and respondents’ reply, together with the appendix presented, and hold that the order of the circuit court “quashing” the appeal is a departure from the essential requirements of law because the appellant’s brief was not due and thus quashal of the appeal was not in order.…