Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998). · Go Syfert
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Marty v. Bainter, 709 So. 2d 185 (Fla. 1st DCA 1998). Cases Citing This Book View Copy Cite
5 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Mirage Pools, Inc. v. Dewitt (fladistctapp, 2000-05-31)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Mirage Pools, Inc. v. Dewitt
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998) (granting certiorari and quashing circuit court's order dismissing appeal as sanction for failure to comply with appellate rules, where circuit court did not give petitioner ten-day notice required by Rule 9.410).
cited Cited "see" Marty v. Bainter
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998)( Marty I ).
discussed Cited "see" Shaw v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998) (granting certiorari and quashing circuit court’s order dismissing appeal as sanction for failure to comply with appellate rules, where circuit court did not give petitioner ten-day notice required by Rule 9.410); Magier v. Solomon & Benedict, 704 So.2d 685 (Fla. 2d DCA 1997) (petitioners were deprived of access to court and circuit court’s dismissal of their appeal was unwarranted sanction for late filing of initial brief and motion for extension of time, where petitioners had good reasons to be confused about briefing schedule and c…
discussed Cited "see, e.g." Wood v. State
Fla. Dist. Ct. App. · 2002 · signal: see, e.g. · confidence low
P. 9.300 (2000); see, e.g., Marty v. Bainter, 709 So.2d 185 (Fla. 1st DCA 1998)(grant-ing the petition for a writ of certiorari after the circuit court dismissed the petitioner’s appeal without giving him the ten day notice required by Fla. R.App.
Retrieving the full opinion text from the archive…
Marcel E. MARTY, Appellant,
v.
Patrick J. BAINTER, Appellee.
97-1627.
District Court of Appeal of Florida, First District.
Apr 9, 1998.
709 So. 2d 185
Per Curiam.
Cited by 4 opinions  |  Published

[*186] Milton H. Baxley, II, Gainesville, for Appellant.

Michael J. Korn of Korn, Zehmer & Gellatly, P.A., and Ross T. Clark of Law Offices of Bateh & Clark, Jacksonville, for Appellee.

PER CURIAM.

Marcel E. Marty appeals both an order of the circuit court by which his section 44.104(10), Florida Statutes, appeal of an arbitration award was dismissed and the consequent section 44.104(11), Florida Statutes, orders of the circuit court by which the arbitration award was confirmed and money damages in the amount set by the arbitrator were awarded. Because the circuit court was acting in its appellate capacity, we treat the appeal as a petition for a writ of certiorari. See Fla. R.App. Pro. 9.030(b)(2). We grant the petition and quash the orders under review because before dismissing the appeal as a sanction for Marty's failure to comply with the appellate rules, the circuit court did not give Marty the ten day notice required by Florida Rule of Appellate Procedure 9.410. See Lawson v. State, 654 So.2d 1018 (Fla. 1st DCA 1995).

MINER, ALLEN and KAHN, JJ., concur.