THEODOER WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the Public Defender was in contempt for failing to prosecute the appeal and ordered him to proceed.
The Public Defender failed to prosecute an appeal as required by Florida Appellate Rules. He appeared before the court to explain his failure, but his…
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PER CURIAM.
This case is before the Court on a Rule Nisi dated September 17, 1973 issued to the Honorable Robert P. Miller, Public Defender of Daytona Beach, Florida, directing him to show cause why he should not be held in contempt of this Court for his failure to prosecute this appeal in accordance with his professional responsibilities as attorney for the appellant in accordance with Florida Appellate Rules. The said Robert P. Miller has this date appeared before the Court and given an explanation as to why this appeal has not been properly prosecuted as required by law which explanation we find to be insufficient and without merit.
It is therefore the judgment of this Court that the said Robert P. Miller be and he is hereby adjudged to be in contempt of this Court for his failure in the premises and he is hereby publicly reprimanded for his failure to discharge the duties and requirements of his employment as attorney for appellant. The said Robert P. Miller is hereby directed to prosecute this appeal to a conclusion on the merits without any further delay pursuant to the Florida Appellate Rules.
RAWLS, C. J., and SPECTOR, WIG-GINTON and JOHNSON, JJ., concur. (Sitting en banc).
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Pantori, Inc. v. Stephenson, 384 So. 2d 1357 (Fla. 5th DCA 1980)…transcends the right of attorneys to be controlled in their conduct by the supreme court. It is unquestioned that a trial court may control an attorney for contemptuous conduct. Welch v. State, 359 So. 2d 508 (Fla. 1st DCA 1978); Williams v. State, 283 So. 2d 585 (Fla. 1st DCA 1973). It may deny an attorney leave to withdraw from a case. See Fisher v. State, 248 So. 2d 479 (Fla. 1971). Therefore, a trial court may decide, after consideration of a motion alleging sufficient facts which, if true, would warrant…