CHRISTOPHER L. ORSTAD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2003-12-08
No. 1D03-0716
ERVIN, BOOTH and KAHN, JJ., concur.
860 So. 2d 524 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 2 cases

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Holding

The court publicly reprimands attorney Craig J. Martin and refers him to The Florida Bar for failing to file a timely notice of appeal and for failing to comply with court orders.


Facts & Procedural History

Christopher L. Orstad claims his attorney, Craig J. Martin, failed to file a timely notice of appeal after a judgment and sentence were imposed. The a…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Christopher L. Orstad seeks a belated appeal from a judgment and sentence imposed in the Circuit Court for Duval County in December 2002. Orstad states under oath that he asked his attorney, Craig J. Martin, to file a notice of appeal after sentence was imposed but Martin failed to timely file the notice.

This court issued an order which directed the respondent, State of Florida, to show cause why the petition should not be granted. The state moved to compel, informing this court that attorney Martin failed to respond to written and telephonic contacts regarding Orstad’s claim. The motion to compel was granted but Martin has failed to comply with the orders of this court. He has also made no response to an order to show cause why sanctions should not be imposed against him.

Accordingly, publication of this order in the Southern Reporter shall serve as a public reprimand of attorney Craig J. Martin. Additionally, this matter shall be referred to The Florida Bar, with a copy provided to the Grievance Committee of the Fourth Judicial Circuit, to determine whether it is appropriate to impose further sanctions against Mr. Martin in these circumstances.

The state shall respond to Orstad’s petition seeking belated appeal within 20 days of issuance of this order. IT IS SO ORDERED.

ERVIN, BOOTH and KAHN, JJ., concur.


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Citator

Cited By

  • Wofford v. State of Fla. & James V. Crosby, Jr., 866 So. 2d 774 (Fla. 1st DCA 2004)
    …to comply with an order of this court. Recently, we reprimanded him and referred the matter to the Florida Bar when, as here, he ignored an order directing him to address the allegations of a pending petition for belated appeal. See Orstad v. State, 860 So. 2d 524 (Fla. 1st DCA 2003); Based on his failure to respond to our order' granting the state’s motion to compel in this case, we once again refer Craig J. Martin to the Florida Bar for its determination of whether professional discipline is warranted on th…

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