Tucker v. Charles D. Franken, P.A.

Petitioner, Mary Tucker, timely petitions this court for a second-tier writ of certiorari, following the dismissal of her appeal by the circuit court, sitting in its appellate capacity, for failure to timely file an initial brief within fifteen days of filing her notice of appeal. See Fla. R.App. P. 9.130 (“Appellant’s initial brief ... shall be served within 15 days of filing the notice”). As the petitioner was not given proper notice of the court’s intent to dismiss, as required under Florida Rule of Appellate Procedure 9.140, we grant the petition, in part. We deny the petition as to the…