Don Juan Julio v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 15, 2022
Docket2D22-0143
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
DON JUAN JULIO,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D22-143
July 15, 2022
Appeal from the Circuit Court for Polk County; Larry S. Helms,
Judge.
Sara E. Jones of Sara Jones Law, P.A., for Appellant.
No appearance for Appellee.
ORDER FOLLOWING SHOW-CAUSE PROCEEDING
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
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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.
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