Legal Opinion

Varnado v. Rakusin Law Firm

District Court of Appeal of Florida

Decided May 16, 2012No. 4D11-2956Published

1Per 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…

2Cases cited2 opinions

  1. UNITED AUTO. INS. v. Total Rehab & Medical CenterDistrict Court of Appeal of Florida · 2004
  2. Tucker v. Charles D. Franken, P.A.District Court of Appeal of Florida · 2011

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