IKE'S CARTER P & M CO. v. ROBERTS

No. 83-515.

432 So.2d 137 (1983)

IKE'S CARTER POOL AND MAINTENANCE CO., Petitioner, v. Geoffrey ROBERTS and Lillian Roberts, Respondents.

District Court of Appeal of Florida, Fourth District.

On Rehearing June 16, 1983.


Attorney(s) appearing for the Case

Karl W. Adler of Adler, Tolar & Adler, Fort Lauderdale, for petitioner.

E. Ross Zimmerman of Weinstein & Zimmerman, P.A., Fort Lauderdale, for respondents.


DOWNEY, Judge.

By petition for writ of certiorari petitioner seeks an order of this court quashing a decision of the circuit court, entered in its appellate capacity, which granted respondents' motion to quash petitioner's appeal because petitioner failed to timely file an appellant's brief.

We have reviewed the petition and respondents' reply, together with the appendix presented, and hold that the order of the circuit court "quashing" the appeal is a departure...

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