DON JUAN JULIO
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves an attorney who failed to comply with court orders regarding a filing fee and subsequent show cause orders. The court ultimately referred the matter to The Florida Bar for investigation and potential disciplinary proceedings against the attorney.
The court found that the attorney's repeated and continued failures to comply with directives and the resulting delays warranted referral to The Florida Bar for investigation and appropriate proceedings.
[1] An attorney's repeated failure to comply with appellate court orders regarding filing fees and failure to appear at a scheduled show cause hearing may result in referral…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because no filing fee accompanied the notice, on January 14 this court issued its standard fee order.”
Establishes the initial procedural defect that triggered the court's orders.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellant's attorney filed a notice of appeal without the required filing fee. The court issued a fee order, which the attorney failed to respond …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Show Cause Hearing cases and more on FLexlaw
PER CURIAM.
Attorney Sara E. Jones was ordered to appear before this court on Tuesday, June 7, 2022, to show cause why sanctions should not be imposed for her failure to comply with this court's orders. Attorney Jones filed the notice of appeal in this case in the trial court on January 12, 2022, and the notice was transmitted to this court on January 14. Because no filing fee accompanied the notice, on January 14 this court issued its standard fee order. The order required the appellant to submit to this court the $300 filing fee or indigency documentation within twenty days, failing which the appeal would be subject to dismissal and counsel subject to sanctions. Attorney Jones did not respond.
On February 23, 2022, this court followed up with an order directing attorney Jones to respond to the January 14 fee order within seven days or risk sanctions. Attorney Jones did not respond.
On May 17, 2022, this court issued an order requiring attorney Jones to appear at the court's June 7, 2022, oral argument session to show cause why she should not be sanctioned for her failure to respond to the orders just described. The order advised that if attorney Jones complied with the orders by 1 p.m. on Thursday, June 2, 2022, she could seek to discharge the order to show cause. Attorney Jones did not comply with the orders by 1 p.m. on June 2. Attorney Jones failed to appear at the June 7, 2022, oral argument session. Our clerk's office contacted her office and was advised by her assistant that she would not be appearing. The deputy clerk suggested that attorney Jones should file a pleading explaining the reason for her failure to appear. Instead, attorney Jones filed a notice of unavailability asking this court to excuse her appearance "due to her unavailability at this time." As a result of attorney Jones' repeated and continued failures to comply with this court's directives and the attendant delays, we hereby refer this matter to The Florida Bar for investigation and initiation of such proceedings as may be appropriate.
BLACK, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.