JAMES H. LEE, APPELLANT,
v.
SUMMIT HOME INSURANCE COMPANY, APPELLEE
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Sanctions are appropriate against appellate counsel for failure to timely file a brief or seek an extension.
Appellant failed to timely file an initial brief and did not respond to an order to show cause why sanctions should not be imposed. The court had prev…
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PER CURIAM.
The notice of appeal was filed in this cause on March 2, 1989, and a single volume record on appeal was filed on April 17. Pursuant to Rule 9.110(f), Florida Rules of Appellate Procedure, the initial brief was due to be served on or before May 11,1989. However, no further activity took place until mid-July, when appellee moved to dismiss the cause for appellant’s failure to timely serve an initial brief. In response to an order to show cause, appellant stated:
That as a result of work overload and the case load and illnesses of the secretarial staff, the time for filing was overlooked and appellant respectfully requests a 30-day extension.
This court denied the motion to dismiss and granted appellant the requested extension of time. Additionally, counsel for appellant was directed to show cause by written response within ten days why sanctions should not be imposed against him. Although the initial brief has been filed, we have received no response to the show cause order on. sanctions.
This court’s continuing problems with the performance of W. Paul Thompson as appellate counsel have been well-documented in published opinions imposing sanctions. See McClain v. Florida Power & Light Co., 523 So. 2d 1245 (Fla. 1st DCA 1988); Ferguson v. Ferguson, 504 So. 2d 541 (Fla. 1st DCA 1987). His failure to either timely serve an initial brief or seek an extension of time at or before the time the brief was due is a clear breach of Rules 9.110(f) and 9.300, Florida Rules of Appel late Procedure, and we find the imposition of sanctions is appropriate under the circumstances. Accordingly, the publication of this opinion in the Southern Reporter, Second Series, shall serve as a public reprimand and a copy of the opinion will be furnished to the Florida Bar Grievance Committee for consideration of additional sanctions.
SMITH, THOMPSON and MINER, JJ., concur.
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Lindsey v. Merrill King and Priscilla King, 894 So. 2d 1058 (Fla. 1st DCA 2005)…ersight of the deadline, this violation, standing alone, is not serious enough to require petitioner to forfeit his right to an appeal. We have previously declined to impose such a harsh sanction under similar facts. See Lee v. Summit Home Ins. Co., 550 So. 2d 141 (Fla. 1st DCA 1989) (imposing sanctions for failure to respond to a show cause order on sanctions, while allowing the appellant to proceed with his appeal, even though the appellant had waited until two months after the initial brief was due to requ…
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Haley Pippin v. State, 559 So. 2d 708 (Fla. 1st DCA 1990)…for appellant was directed to show cause by written response why sanctions should not be imposed against him. Counsel failed to file a response and he was publicly reprimanded for his performance in this case. See, Lee v. Summit Home Insurance Co., 550 So. 2d 141 (Fla. 1st DCA 1989). Appellant ultimately filed the initial brief and, upon review, we determined the brief failed to comply with the Florida Rules of Appellate Procedure. The statement of the case and facts combined is one page in length; the argu…1 / 2
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Haley Pippin v. State, 567 So. 2d 990 (Fla. 1st DCA 1990)…ese appeals, which ultimately punish the client for the malfeasance of counsel, W. Paul Thompson. IT IS SO ORDERED. WENTWORTH, ZEHMER and MINER, JJ., concur. . See, Pippin v. State, 559 So. 2d 708 (Fla. 1st DCA 1990); Lee v. Summit Home Ins. Co., 550 So. 2d 141 (Fla. 1st DCA 1989); McClain v. Florida Power & Light Co., 523 So. 2d 1245 (Fla. 1st DCA 1988); and Ferguson v. Ferguson, 504 So. 2d 541 (Fla. 1st DCA 1987).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McCLAIN v. Fla. Power & Light Co., 523 So. 2d 1245 (Fla. 1st DCA 1988)
- Ferguson v. Ferguson, 504 So. 2d 541 (Fla. 1st DCA 1987)