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WHAT DOES 03/05/13: Show Cause Lack of Prosecution, Initial Brief" NOTES: DUE IN 10 DAYS MEAN ON THE APPELLATE DOCKET/RECORD???

Tampa, FL |
Filed under: Appeals Court orders

What does this mean?? Does this mean our counsel must provide a brief explanation in defense based on grounds of lack of prosecution?? AND what happens if our attorney fails to write the brief, even on time???

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Attorney answers 5

Posted

"Lack of Prosecution" on appeal means that the Appellant, (the person who filed the notice of appeal), failed to file appropriate documents in a timely fashion. In this case, this is likely the appellate court's direction to the Appellant to file a response as to why the case should not be dismissed for failing to file the initial brief on time. The "initial brief" is a legal document outlining the facts and arguments in support of the appeal itself, and there are strict time limits that must be adhered to. If you are represented, contact your attorney immediately.

Asker

Posted

WOW oh my gosh, I'm very nervous now as our private cousel has been under our case on this appeal for 7 months and still no brief has been written by him, I'm getting scared as our attorney we feel is PURPOSLY doing this out of spite because we haven't been able to pay him the rest we owe for almost a year. We can't seem to get him off of our case as we already filed PRO SE as indigent but then our private cousel put himself right back on our case!! He took our case down the first time, he didnt file anything he told us he would file, no motions for downward departures, no motion for pre trial investigation, no motion to suppress disposition, I have 20 more things. NOW the appeal time is going to be BARRED and he's screwing us on this too!? Help what do we do??! We want the appeal

Brooke Victoria Elvington

Brooke Victoria Elvington

Posted

If this is a Florida appeal, I would be happy to speak with you. Feel free to contact my office and I will go over your available options. If you are attempting to have private counsel removed from the case, you must file a motion with the appellate court to appear pro se. The court must grant that motion prior to you filing any other material on your own behalf. While represented, any pro se filings (other than a motion to appear as such), will be deemed a nullity and will not be considered. That said, I have never been witness to a case where a party was best served by representing himself. If you are truly having serious communication problems with your attorney, I would suggest that you seek out alternate counsel immediately.

Asker

Posted

Perfect, yes! We are in Fl, ill contact you soon. I just spoke with the very nice ladies at the 5th district of appeals but they couldn't offer much information! Thank you ! :)

Posted

There is quite a bit missing from the facts you presented to give an accurate answer. What this looks like is a docket entry in the court online system about an appeal that is pending. I suggest you call your attorney.

Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship.

Posted

I agree that you should call your attorney immediately. The word "Brief" is a legal term and is usually anything but "brief". It sounds like your case is in legal peril and you may have other serious problems if you do not respond to the show cause order.

Posted

I feel funny even guessing about the meaning where my Florida colleagues won't, but it sounds to me like court clerk's shorthand noting the entry on March 5, 2013, of a court order directing somebody (and I am guessing this must be the person who is taking the appeal) to file a written explanation (i.e. show cause) within ten days why the appeal should not be dismissed for lack of prosecution (i.e., for not filing the initial brief when it was due). You should ask your lawyer about this. A lawyer familiar with the practice in this particular court would know whether this is a normal method of nudging the case along or whether it is a serious danger signal. Be safe and assume the latter.

Asker

Posted

MR. SACHS!! You always answer my questions, I appreciate it very much !! You always give great answers, you seem to know a lot. Anyway your answer makes me very scared, I'm freaking out because it seems you may be telling me if our private council does not have the brief turned in by the 10 day limit our time will be barred?? We have been trying to get this attorney off of our case as we filed PRO SE indigent because we can no longer afford our private Attorney and once the motion was granted for us our ex attorney put himself right back on. We feel he is PURPOSELY doing this out of spite for many reasons. He took our case down the first time, promising is all these motions that WERE NEVER FILED Josh, he promised us a sentence in which defendant recieved literally 3 times more than the single digit range our counsel said he was scoring. We found a promising sentencing error too. Me. Sachs we NEED this appeal, what can we do??

Joshua Sachs

Joshua Sachs

Posted

Some of my Florida colleagues have offered you consultations. Take them up on itl.

Posted

Sounds like the court has imposed a deadline for the moving party to file their initial case brief with the court. Contact my office for free consultation 727-446-7659

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