Mission Impossible: Fourth DCA Grants Petition For Writ of Certiorari Where Circuit Court Dismissed Appeal For Failure to Comply With Order
United Automobile Ins. Co. v. Millennium Radiology, LLC
Case No: 4D11-3248
United Automobile Insurance Company (“United”) appealed a county court order to the circuit court sitting in its appellate capacity. The circuit court panel believed that the order was not appealable as originally rendered, and issued an order to United to show cause why the appeal should not be dismissed. The circuit court then allowed United to obtain a corrected final order, but provided that the appeal would be dismissed if United failed to obtain the corrected final order before the record was transmitted. This was impossible because the record had already been transmitted at the time the circuit court issued that order. United obtained a corrected final order and filed an amended notice of appeal within five days. The circuit court still dismissed the appeal.
On certiorari review, the Fourth DCA held that the circuit court departed from the essential requirements of law and denied United due process by dismissing the appeal, since it was literally impossible for United to have complied with the order. The Fourth DCA granted the petition.