Legal Question in Personal Injury in Florida

Order to Show Cause - Tort Action (Conversion)

I filed a Petition for Certiorari.of a non-final Order. The Court stated that the particular order was not independently reviewable. They gave me 15 days to amend my motion and invoke the jurisdiction of the Court.

I amended the Petition for Certiorari and asked that they review another order the lower tribunal had signed a few days after the first Order. The Court came back and issued a 2nd order to show cause, stating that the order I asked to have reviewed was longer than 30 days. (It was a few days over the timeframe.)

When I received the first order to show cause that stated I could amend the petition, I misunderstood and thought the Court was granting me the 15 days to amend the Petition regardless of dates on the Order to be reviewed. Obviously I was mistaken. (It would not be a problem if I had filed the Amended Petition within a few days of the Order to Show Cause. - My mistake.)

My question is, would it be proper to respond to the 2nd Order to Show Cause and explain the situation and ask to withdraw the Petition without prejudice? I do not want to be found in contempt or have sanctions placed against me.


Asked on 4/30/09, 4:55 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Order to Show Cause - Tort Action (Conversion)

You can always drop the petition. Failing to respond would likely just have the petition dismissed. If you no longer wish to pursue the cert petition, just do a notice to that effect.

Read more
Answered on 5/03/09, 7:06 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Florida