Author Topic: Writ of Prohibition  (Read 2955 times)

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Offline AJ

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Offline TalkLeft

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Re: Writ of Prohibition
« Reply #1 on: August 18, 2012, 05:01:11 PM »
Appeals court order 8/14 directing response from the state of Florida.

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Pursuant to Florida Rule of Appellate Procedure 9.100(j), it is ORDERED that Respondent in the above-styled cause shall file a response with this Court, on or before Thursday, August 23, 2012, by 5:00 p.m. to the Petition for Writ of Prohibition, filed August 13, 2012. Attorneys shall also e-mail a copy of the ordered response or reply to this Court in compliance with Administrative Order AO5D08-01.

This Order shall not stay proceedings in the lower tribunal relative to this cause.

Florida Appeals Rule 9.100

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9.100(h) Order to Show Cause.

(h) Order to Show Cause. If the petition demonstrates a preliminary basis for relief, a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal, or that review of final administrative action would not provide an adequate remedy, the court may issue an order directing the respondent to show cause, within the time set by the court, why relief should not be granted. In prohibition proceedings such orders shall stay further proceedings in the lower tribunal

9.100(j)

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(j) Response. Within the time set by the court, the respondent may serve a response, which shall not exceed 50 pages in length and which shall include argument in support of the response, appropriate citations of authority, and references to the appropriate pages of the supporting appendices.

9.100 (e)(3)

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(3) Response. The responsibility to respond to an order to show cause is that of the litigant opposing the relief requested in the petition. Unless otherwise specifically ordered, the judge or lower tribunal has no obligation to file a response. The judge or lower tribunal retains the discretion to file a separate response should the judge or lower tribunal choose to do so. The absence of a separate response by the judge or lower tribunal shall not be deemed to admit the allegations of the petition.

9.100 (f)(3)

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(3) Duties of the Circuit Court Clerk. When a petition prescribed by this subdivision is filed, the circuit court clerk shall forthwith transmit the petition to the administrative judge of the appellate division, or other appellate judge or judges as prescribed by administrative order, for a determination as to whether an order to show cause should be issued.

Commentary to Rule:

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Under subdivisions (f), (h), and (i), if the allegations of the petition, if true, would constitute grounds for relief, the court may exercise its discretion to issue an order requiring the respondent to show cause why the requested relief should not be granted. A single responsive pleading (without a brief) may then be served, accompanied by a supplemental appendix, within the time period set by the court in its order to show cause. The petitioner is then allowed 20 days to serve a reply and supplemental appendix, unless the court sets another time. It should be noted that the times for response and reply are computed by reference to service rather than filing. This practice is consistent throughout these rules except for initial, jurisdictional filings. The emphasis on service, of course, does not relieve counsel of the responsibility for filing original documents with the court as required by rule 9.420(b); it merely affects the time measurements.

Except as provided automatically under subdivision (f), a stay pending resolution of the original proceeding may be obtained under rule 9.310.
« Last Edit: August 18, 2012, 05:19:41 PM by TalkLeft »

 

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