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Fla. L. Weekly D2359bTop of Form
Fla. L. Weekly D2359bTop of Form
Appeals
— Sanctions — Failure to timely file initial brief — Failure to obey court
orders — Appellate counsel referred to Local Professionalism Panel
— Sanctions — Failure to timely file initial brief — Failure to obey court
orders — Appellate counsel referred to Local Professionalism Panel
NOCARI
INVESTMENT, LLC, et al., Appellants, v. WELLS FARGO BANK, N.A., et al.,
Appellees. 3rd District. Case No. 3D16-1333. L.T. Case No. 09-65726. October
19, 2016. An Appeal from the Circuit Court for Miami-Dade County, Antonio
Marin, Judge. Counsel: Lawrence J. Shapiro & Associates, P.A., and Lawrence
J. Shapiro, for appellants. Michael J. Farrar, for appellees.
INVESTMENT, LLC, et al., Appellants, v. WELLS FARGO BANK, N.A., et al.,
Appellees. 3rd District. Case No. 3D16-1333. L.T. Case No. 09-65726. October
19, 2016. An Appeal from the Circuit Court for Miami-Dade County, Antonio
Marin, Judge. Counsel: Lawrence J. Shapiro & Associates, P.A., and Lawrence
J. Shapiro, for appellants. Michael J. Farrar, for appellees.
(Before
LAGOA, EMAS, and LOGUE, JJ.)
LAGOA, EMAS, and LOGUE, JJ.)
ON
ORDER TO SHOW CAUSE
ORDER TO SHOW CAUSE
(PER
CURIAM.) This matter comes before the Court on the Court’s order to show cause.
Appellants failed to timely file their initial brief, failed to obey an order
to file the order appealed, and failed to obey an order to file their brief. As
a result, this case was dismissed and Counsel for Appellants was ordered to
show cause why appellants and their counsel should not be sanctioned for
failing to file an initial brief or otherwise to comply with this Court’s
orders.
CURIAM.) This matter comes before the Court on the Court’s order to show cause.
Appellants failed to timely file their initial brief, failed to obey an order
to file the order appealed, and failed to obey an order to file their brief. As
a result, this case was dismissed and Counsel for Appellants was ordered to
show cause why appellants and their counsel should not be sanctioned for
failing to file an initial brief or otherwise to comply with this Court’s
orders.
In
response to the order to show cause, Appellants’ counsel explained his clients
decided to abandon the appeal. He acknowledged he should have so advised this
court and his opposing counsel, but indicates he failed to do so based upon
simple oversight. We find this explanation inadequate in light of the court
orders which were not obeyed and the motion filed by opposing counsel to which
no response was filed.
response to the order to show cause, Appellants’ counsel explained his clients
decided to abandon the appeal. He acknowledged he should have so advised this
court and his opposing counsel, but indicates he failed to do so based upon
simple oversight. We find this explanation inadequate in light of the court
orders which were not obeyed and the motion filed by opposing counsel to which
no response was filed.
Other
cases filed by Appellants’ counsel have been dismissed by this court for either
the failure to file an initial brief or failure to pay filing fees. Netherlands
7985, LLC, v. U.S. Bank, N.A., No. 3D16-42, 2016 WL 869750 (Fla. 3d DCA
Feb. 4, 2016); Central Mills, Inc., v. Lima Sky, LLC, No. 3D15-2548,
2015 WL 9947125 (Fla. 3d DCA Dec. 22, 2015); Derrick K. Cohen v. JPMorgan
Chase Bank, N.A., 147 So. 3d 1000 (Fla. 3d DCA 2014); Boston Inv’rs
Grp., Inc., v. Bank of America, N.A., 76 So. 3d 300 (Fla. 3d DCA 2011).
cases filed by Appellants’ counsel have been dismissed by this court for either
the failure to file an initial brief or failure to pay filing fees. Netherlands
7985, LLC, v. U.S. Bank, N.A., No. 3D16-42, 2016 WL 869750 (Fla. 3d DCA
Feb. 4, 2016); Central Mills, Inc., v. Lima Sky, LLC, No. 3D15-2548,
2015 WL 9947125 (Fla. 3d DCA Dec. 22, 2015); Derrick K. Cohen v. JPMorgan
Chase Bank, N.A., 147 So. 3d 1000 (Fla. 3d DCA 2014); Boston Inv’rs
Grp., Inc., v. Bank of America, N.A., 76 So. 3d 300 (Fla. 3d DCA 2011).
Under
Rule 4-1.3 of Professional Conduct, “it is incumbent on the attorney of record
to respond appropriately to Court orders, seek enlargements of time, or file a
motion to withdraw from representation. The rule does not contemplate the
attorney simply doing nothing, so that the client’s appeal is dismissed.” Beckles
v. Brit, 176 So. 3d 387, 388 (Fla. 3d DCA 2015).
Rule 4-1.3 of Professional Conduct, “it is incumbent on the attorney of record
to respond appropriately to Court orders, seek enlargements of time, or file a
motion to withdraw from representation. The rule does not contemplate the
attorney simply doing nothing, so that the client’s appeal is dismissed.” Beckles
v. Brit, 176 So. 3d 387, 388 (Fla. 3d DCA 2015).
In
2013, the Florida Supreme Court, acting on the recommendation of the Florida
Commission on Professionalism, ordered each of Florida’s judicial circuits to
set up a local professionalism panel — under an administrative order from each
circuit’s chief judge — to handle professionalism complaints and address
attorney conduct — such as the conduct described herein — which may not rise
to the level of an allegation that could result in disciplinary action for
unprofessional conduct. We conclude that referral of Appellants’ counsel,
Lawrence J. Shapiro, Esquire (FBN: 796085), of Lawrence J. Shapiro &
Associates, P.A., to The Eleventh Circuit’s Local Professionalism Panel is the
proper course of action.
2013, the Florida Supreme Court, acting on the recommendation of the Florida
Commission on Professionalism, ordered each of Florida’s judicial circuits to
set up a local professionalism panel — under an administrative order from each
circuit’s chief judge — to handle professionalism complaints and address
attorney conduct — such as the conduct described herein — which may not rise
to the level of an allegation that could result in disciplinary action for
unprofessional conduct. We conclude that referral of Appellants’ counsel,
Lawrence J. Shapiro, Esquire (FBN: 796085), of Lawrence J. Shapiro &
Associates, P.A., to The Eleventh Circuit’s Local Professionalism Panel is the
proper course of action.
Accordingly,
the Clerk is directed to forward a copy of this Order to the Local
Professionalism Panel for Florida’s Eleventh Circuit — Attn: Professionalism
Panel, Lawson E. Thomas Courthouse Center, 30th Floor, 175 NW 1st Avenue,
Miami, Florida 33128.
the Clerk is directed to forward a copy of this Order to the Local
Professionalism Panel for Florida’s Eleventh Circuit — Attn: Professionalism
Panel, Lawson E. Thomas Courthouse Center, 30th Floor, 175 NW 1st Avenue,
Miami, Florida 33128.
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