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United States Court Cases

Florida Fourth District Court Of Appeals

BILLY TYNER vs STATE OF FLORIDA

Date Docketed Description Filed By Notes
08/09/2021 Notice of Appeal Filed Billy Tyner *W* **Indigent per 11-3086**
08/09/2021 Acknowledgment Letter
08/26/2021 Mot. for Extension of time to file Initial Brief Billy Tyner *W*
08/26/2021 Order Granting EOT for Initial Brief ORDERED that appellant’s August 26, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
09/09/2021 Received Records Clerk Broward CC01 263 PAGES
01/11/2022 Show Cause Lack of Prosecution, Initial Brief ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
01/27/2022 ORD-Sua Sponte Dismiss-Lack of Prosecution ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
01/27/2022 Dismissed - Order by Clerk
02/14/2022 Order Per Section 16(b)(10)b., Fla. Const. - Time Expired Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.