Rashan Maurice Mike v. State

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DISTRICT COURT OF ApPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ADMINISTRATIVE ORDER NO. 2014-1 In re: Requests for Emergency Treatment Effective immediately, this Court adopts the following administrative order concerning requests for emergency treatment. See USAA Cas. Ins. Co. v. Pembroke Pines MRI, Inc., 24 So. 3d 588, 589 (Fla. 4th DCA 2009) ("Pleadings filed as emergencies disrupt court procedures and interrupt work on cases that were already pending."). 1. For purposes of this administrative order, an "emergency" is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm. An exigency that is caused by the lack of diligence of the moving party shall not constitute an "emergency." 2. A party requesting emergency treatment for any motion, appeal, or petition shall file a separate document entitled "Request for Emergency Treatment." The separate Request shall be filed simultaneously with the motion, appeal, or petition for which emergency treatment is sought. The Request shall state succinctly: (a) the nature of the emergency; (b) the date the order at issue was entered; and (c) the date of the event that constitutes the basis for requesting emergency treatment, i.e., the deadline. If the party seeks a stay, it shall indicate whether it has applied for relief in the lower tribunal and the date and outcome of any ruling on such motion. The attorney or pro se party requesting emergency treatment shall certify that the request for emergency treatment is made in good faith. The request for emergency treatment shall not exceed two pages in length. 3. No matter shall be afforded emergency expedited treatment unless the Court determines that an emergency exists. 4. A party or attorney who violates this rule or who requests emergency treatment without an objectively reasonable basis for doing so may be sanctioned. See Fla. R. App. P. 9.410. "[A]n attorney who seeks 'emergency' review in~mediatelyloses credibility if this court discovers there is no true emergency." USAA, 24 So. 3d at 589. DONE and ORDERED at West Palm Beac on the 11th day of June, 2014. orian K. Damoorgian ATIEST: ~~ Lonn Weissblum, Clerk of Court

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