| Florida Fourth District Court of Appeal Docket |
| Case Docket |
| Case Number: 4D21-2406 |
| Criminal Prohibition Petition from Indian River County |
| ASBURY LEE PERKINS II vs. STATE OF FLORIDA |
| Lower Tribunal Case(s):312015CF001291A |
| | |
| Date Docketed | Description | Filed By | Notes |
|---|---|---|---|
| 08/06/2021 | Petition Prohibition | Asbury Lee Perkins, Ii | |
| 08/06/2021 | Appendix to Petition | Asbury Lee Perkins, Ii | |
| 08/17/2021 | Prohibition / Acknowledgment letter | ||
| 08/17/2021 | ORD-Pay Filing Fee-Original Proceeding | The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED. ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. **NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted. | |
| 08/27/2021 | Notice of Filing | Asbury Lee Perkins, Ii | |
| 08/27/2021 | Affidavit | FOR DETERMINATION OF INDIGENT STATUS | |
| 08/27/2021 | Certificate of Indigency | CLERK'S CERTIFICATE OF INDIGENCY The Clerk of the District Court of Appeal, Fourth District, has received for filing an Affidavit of Indigency, and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes. This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes. | |
| 09/28/2021 | Order Denying Petition for Writ - Prohib. | ORDERED that the August 6, 2021 petition for writ of prohibition is denied without prejudice for petitioner to seek a writ of mandamus if the trial court does not enter written orders on petitioner’s motions for costs within a reasonable time. DAMOORGIAN, FORST and KUNTZ, JJ., concur. | |
| 09/28/2021 | Denied - Order by Judge | ||
| 10/08/2021 | Appendix | Asbury Lee Perkins, Ii | **STRICKEN** |
| 11/16/2021 | ORD-Stricken as Unauthorized | ORDERED that petitioner’s October 8, 2021 appendix is stricken as unauthorized. The August 6, 2021 petition for writ of prohibition was denied on September 28, 2021. Petitioner may file a petition for writ of mandamus in this court to compel the trial court to rule on his motions for costs if the trial court fails to rule within a reasonable time. |
| |