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JULIO v. STATE (2022)

District Court of Appeal of Florida, Second District.2022-07-15No. No. 2D22-143

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Opinion

ORDER FOLLOWING SHOW-CAUSE PROCEEDING

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 courts 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 courts 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 clerks 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 courts 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.

PER CURIAM.

BLACK, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.