Florida Wellness & Rehabilitation Center, Inc. a/a/o Maria Gomez v. Mark J. Feldman, P.A.
On second-tier certiorari, the Third DCA quashed a circuit court appellate division order dismissing an appeal from a county court charging-lien fee award. The court held that a late (but ultimately paid) $216 clerk's record-preparation invoice and the absence of hearing transcripts were not flagrant violations warranting the extreme sanction of dismissal, especially where no court order or dismissal warning preceded the dismissal.
Key facts
- Florida Wellness & Rehabilitation Center, Inc. appealed a county court charging-lien fee award through the circuit court appellate division, but the appeal was dismissed due to a late $216 clerk's record-preparation invoice and missing hearing transcripts.
- The circuit court appellate division dismissed the appeal without ordering appellant to supplement the incomplete record or providing prior warning, citing noncompliance with clerk's fee payment.
- +2 more key facts with a free trial
Why it matters
Gives appellate practitioners a citable roadmap for attacking dismissals of circuit-court appeals based on clerk's-fee nonpayment or missing transcripts, including the point that Rule 9.200(f)(2) requires an opportunity… — full analysis with a trial
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