From Casetext: Smarter Legal Research

Weisberg v. Wegener

District Court of Appeal of Florida, Fourth District
May 7, 1986
487 So. 2d 1210 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0241.

May 7, 1986.

Appeal from the Circuit Court, Palm Beach County, James R. Stewart, Jr., J.

Charles L. Neustein of Charles L. Neustein, P.A., Miami Beach, for petitioner.

Paul Richard Bloomquist, Boca Raton, for respondent.


Opinion


We grant the petition for writ of certiorari, quash the order dismissing appellant's appeal and remand this cause for further proceedings on the authority of Trans-Continental Finance Corp. v. Baxter, 402 So.2d 1289 (Fla. 5th DCA 1981). There is considerable confusion in the record as to the status of the appeal at the time it was dismissed. It appears that dismissal was ordered before the appellant had an opportunity to prepare a record or to demonstrate that he could prosecute the appeal with the limited record available. See, e.g., Fla.R.App.P. 9.200(f)(2). The action we take at this time is without prejudice to the trial court to take appropriate action, including dismissal, should appellant fail to prosecute his appeal upon remand in accord with the Rules of Appellate Procedure.

DOWNEY, ANSTEAD and GUNTHER, JJ., concur.


Summaries of

Weisberg v. Wegener

District Court of Appeal of Florida, Fourth District
May 7, 1986
487 So. 2d 1210 (Fla. Dist. Ct. App. 1986)
Case details for

Weisberg v. Wegener

Case Details

Full title:THEODORE WEISBERG, PETITIONER, v. LINDA WEGENER, RESPONDENT

Court:District Court of Appeal of Florida, Fourth District

Date published: May 7, 1986

Citations

487 So. 2d 1210 (Fla. Dist. Ct. App. 1986)

Citing Cases

Christman v. N.M.C.R

We conclude that the appellate court departed from the essential requirements of law, having failed to…