Court Filings

The Fifth District Court of Appeal granted Michael Anthony Foster, Jr.'s petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the February 28, 2025 order that denied the defendant's motion for postconviction relief in Duval County Circuit Court case number 2023-CF-003421-A. The court acted under its original jurisdiction to permit Foster to proceed with an appeal despite the missed appellate deadline, citing the Florida Rule of Appellate Procedure that governs belated appeals.

The Fifth District granted Joseph Edward Jordan’s petition for certiorari, concluding the trial court wrongly allowed the State to conduct a mental-health examination for a Hurst resentencing despite the State’s failure to give written notice within 45 days of arraignment. The court held that Florida statute §782.04(1)(b) and rule 3.181 require notice within 45 days of arraignment, and that the phrase “timely written notice” in rule 3.202 must be read to mean the statutorily mandated 45-day deadline. Because the trial court’s order conflicted with the statute and rule and would cause irreparable harm, the petition was granted.

The Georgia Court of Appeals granted an application for an interlocutory appeal in the case KLS Heating & Air, Inc. v. Juliette Hamler Locke, et al. The court ordered that the appellant may file a Notice of Appeal within 10 days of the April 30, 2026 order and directed the clerk of the state court to include this order in the record transmitted to the Court of Appeals. This is a procedural interlocutory-order grant allowing the appeal to proceed before final judgment.

The Appellate Division, Third Department granted Michael R. Pichowicz's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Pichowicz's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court's rules, accepted his nondisciplinary resignation, struck his name from the roll of attorneys, and ordered that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not punitive, and effective immediately.

The Appellate Division, Third Department granted Daniel Isaac Papermaster's application to resign from the New York bar for nondisciplinary reasons and accepted his resignation. The court reviewed Papermaster's sworn affidavit and the Attorney Grievance Committee's non-opposition, determined he was eligible under the court rules, struck his name from the roll of attorneys, and ordered that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The resignation is effective immediately and remains until further court order.

The Appellate Division, Third Department granted Robin Plummer Keller's application to resign from the New York bar for nondisciplinary reasons under the court's attorney discipline rules. The court reviewed Keller's sworn affidavit and the Attorney Grievance Committee's response, found Keller eligible to resign for nondisciplinary reasons, accepted the resignation, struck his name from the roll of attorneys, enjoined him from practicing or holding himself out as an attorney in New York, and ordered surrender of any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney John R. Gowell Jr.'s request to resign from the New York bar for nondisciplinary reasons. The court reviewed Gowell's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the applicable rule, and accepted his resignation. As a result, his name is stricken from the roll of attorneys, he is prohibited from practicing or holding himself out as an attorney in New York, and he must surrender any Attorney Secure Pass within 30 days. The AGC did not oppose the application.

The Appellate Division, Third Department granted attorney Jonathan R. Flora's application to resign from the New York bar for nondisciplinary reasons. The Court reviewed Flora's sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the application, found him eligible under the court's disciplinary rules, accepted the resignation, struck his name from the roll, and imposed the usual prohibitions against practicing or holding out as an attorney in New York. Flora must surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Jacob Timothy English’s application to resign from the New York bar for nondisciplinary reasons. The court reviewed English’s sworn affidavit and the Attorney Grievance Committee’s response, found him eligible under the court’s rules, accepted his nondisciplinary resignation, struck his name from the roll, and ordered that he cease practicing or holding himself out as an attorney in New York and surrender any Attorney Secure Pass within 30 days.

The Appellate Division, Third Department granted attorney Alan E. Davis's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Davis's sworn affidavit and the Attorney Grievance Committee's response, found him eligible under the court rules, accepted his resignation, struck his name from the roll of attorneys, and directed that he cease practicing law in New York and surrender any Attorney Secure Pass within 30 days. The decision is administrative, not a disciplinary sanction.

The Georgia Court of Appeals granted the appellant's motion to withdraw the appeal in case A26A0693, Ralph Van Pelt, Jr. v. Community and Southern Bank (successor to First National Bank of Georgia). The court released jurisdiction back to the trial court upon issuance of the order. The decision is administrative and dispositional: the appeal was terminated at the appellant's request and control over the case returned to the lower court.

The Georgia Court of Appeals granted the appellant Hardy Foods, LLC's motion to withdraw its appeal in the case against Mackenzie Morgan. The court released jurisdiction back to the trial court effective upon receipt of the order, meaning the appellate matter is terminated and further proceedings will occur in the trial court. The decision is procedural: the court accepted the voluntary withdrawal and took no action on the merits of the underlying dispute.

The Georgia Court of Appeals granted the City of Sandy Springs' motion to withdraw its appeal in the case against the City of Atlanta. By allowing withdrawal, the Court released jurisdiction back to the trial court effective upon receipt of this order. The document is a short procedural court order effectuating the appellant's request rather than a merits decision.

The Third District Court of Appeal granted a writ of certiorari and quashed the trial court’s February 6 and February 19, 2026 discovery orders that compelled the petitioner to appear for an in-person deposition in Miami-Dade County after a final default judgment had been entered. The appellate court concluded that once a final judgment is entered, the trial court lacks authority to order depositions in the case in chief and may only permit post-judgment discovery limited to execution or certain narrow exceptions not present here. Because the discovery orders sought materials and testimony that should have been obtained before judgment, they were improper and subject to certiorari relief.

The Court of Appeal held that the trial court lacked jurisdiction to increase defendant Sami Wayne Mohammed’s sentence after execution of his original sentence had begun. Mohammed initially received an aggregate seven-year, four-month term on January 12, 2024. The CDCR later notified the trial court that parts of that sentence were unauthorized under the Three Strikes law, and the trial court resentenced Mohammed on October 21, 2024 to an aggregate 10 years, eight months. The appellate court concluded the trial court could not lawfully resentence him after jurisdiction had ended, treated the appeal as a habeas petition, granted relief, and ordered reinstatement of the January 12, 2024 sentence.

The Georgia Court of Appeals granted the City of Atlanta's application for an interlocutory appeal in the case City of Atlanta v. William Neal. The order permits the appellant to file a Notice of Appeal within 10 days of the order date (April 28, 2026) and directs the Clerk of State Court to include this order in the record sent to the Court of Appeals. The court's action is procedural—allowing review before final judgment—rather than resolving the underlying merits of the dispute.

The First Department granted the Attorney Grievance Committee's motion for reciprocal discipline and publicly censured attorney Barbara Jayne Resnick. Connecticut previously publicly reprimanded Resnick after she admitted holding herself out as an attorney while administratively suspended there for failing to pay client security fees. The New York court found no defects in the Connecticut proceeding, determined the misconduct would also violate New York Rule 5.5(a), and concluded that a public censure in New York is appropriate and consistent with the sanction imposed in Connecticut and First Department precedent.

The Georgia Court of Appeals granted the appellant's motion to withdraw their appeal in Seres Capital GA, LLC v. Betty Jean Cook. By granting the motion the appellate court released jurisdiction back to the trial court, meaning the appeal is no longer active before the Court of Appeals and the case returns to the lower court for further proceedings. The order is a ministerial grant of withdrawal rather than a decision on the merits of the underlying dispute.

The Appellate Division, Fourth Department accepted Attorney Paul David Stern’s application to resign for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the submission as a resignation petition, found no disciplinary proceeding necessary, and approved the voluntary withdrawal from the bar. The decision is procedural—it removes Stern’s authorization to practice law in New York without imposing any disciplinary sanction or further proceedings.

The Appellate Division, Fourth Department accepted the application of attorney Donald T. Schmitt to resign from the practice of law for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the filing as an application to resign, found no disciplinary proceeding necessary, and granted the requested relief, resulting in Schmitt's voluntary cessation of his status as a licensed attorney in New York.

The Appellate Division, Fourth Department accepted attorney Margaret M. Quinn's application to resign for non-disciplinary reasons and ordered her name removed from the roll of attorneys. The court treated the filing as a voluntary, non-punitive resignation rather than the result of formal disciplinary proceedings and therefore approved removal without imposing sanctions. The decision is administrative: it grants the requested relief and updates the official roster of admitted attorneys accordingly.

The Appellate Division, Fourth Department, issued a memorandum and order on April 24, 2026, terminating a previously imposed suspension and granting Gregory Jon Butler's application for reinstatement to the practice of law. The court reviewed the reinstatement application under Judiciary Law section 468-a and related rules governing attorney discipline and reinstatement. Concluding that Butler met the requirements for readmission, the court ended his suspension and restored his right to practice in New York.

The Appellate Division, Fourth Department accepted an application by attorney Peter John Brevorka to resign from the practice of law for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the submission as a voluntary resignation rather than a disciplinary sanction and granted the requested relief, thereby terminating his status as an active attorney in New York State.

The Appellate Division, Fourth Department accepted an attorney’s application to resign for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court processed a petition by Cody Blake Bartlett seeking resignation that was not tied to any disciplinary proceeding. After reviewing the application, the court granted the request and removed Bartlett from the official list of licensed attorneys in New York State. No disciplinary finding was made against him in this decision.

The Fifth District Court of Appeal granted Leon N. Wiley, Jr.'s pro se petition for a belated appeal. The court treated its opinion as the notice of appeal from the February 27, 2024 order denying Wiley's motions for postconviction relief in Flagler County Circuit Court Case No. 2019-CF-000303, and directed that a copy be filed with the trial court. The petition was granted under the Florida Rule of Appellate Procedure governing belated appeals, allowing Wiley to pursue appellate review despite missing the original appeal deadline.

The Fifth District Court of Appeal granted Jose Manuel Troche's petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the December 15, 2025 order that denied Troche's postconviction motion in Hernando County Circuit Court case 2022-CF-000614-A. The grant restores Troche's right to pursue appellate review of the denial of postconviction relief under Florida appellate procedure.

The Florida Fifth District Court of Appeal granted Charles Jeffrey McPherson's petition for a belated appeal. The court ordered that this opinion be filed with the trial court and treated as the notice of appeal from the February 17, 2026 judgment and sentence in Clay County Circuit Court case number 10-2025-CF-874-A, under Florida Rule of Appellate Procedure 9.141(c)(6)(D). The court issued its disposition without the State appearing and noted that the decision is not final until any timely authorized post-opinion motions are resolved.

The Court of Appeal granted Karla Amezcua’s petition for a writ of mandate and ordered the trial court to remove a condition requiring her to pay Massage Envy’s attorney fees as a term of leave to amend her complaint. The trial court had sustained Massage Envy’s demurrer but conditioned granting Amezcua leave to amend on payment of $25,000 in fees under Code of Civil Procedure section 473. The appellate court held section 473 does not authorize shifting attorney fees and that fee-shifting must be grounded in statute or agreement; the trial court therefore erred by imposing a fee condition under section 473.

The court granted a petition for writ of mandamus directing the trial court to vacate its January 7, 2026 order that allowed a defendant to add four third-party defendants late in a long-running ownership and fraud dispute. The appellate court held the trial judge abused his discretion because adding new parties at that stage—after nearly five years of litigation and many prior trial settings—would unreasonably delay the case; the trial court’s ruling to vacate the March 23, 2026 setting was the primary harm. The court found the proposed third parties were not indispensable and that the delay was not reasonable under the case history.

The Appellate Division, Third Department, granted Baidu Xu's motion to be reinstated to the practice of law after a prior suspension in September 2024. The court reviewed Xu's affidavit and the Committee's response and found by clear and convincing evidence that Xu complied with the suspension order and court rules, demonstrated the requisite character and fitness, and that reinstatement served the public interest. The court ordered immediate reinstatement under the Rules for Attorney Disciplinary Matters governing reinstatement after suspension.