Header Image Header Image
Footer Image
Date Docketed Description Filed By Notes
04/09/2020 Notice of Appeal Filed Daniel W. Uhlfelder 133922
04/09/2020 Order Appealed
04/09/2020 Notice of Appeal Transmittal Form Gwen Marshall
04/13/2020 Notice of Appeal / Acknowledgement letter Notice of Appeal from the lower tribunal reflecting a filing date of April 8, 2020.
04/15/2020 Appeal-Pay Fee/Submit LT Ord of Insolv ($300) Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee.  Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018).  If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable. This appeal shall not proceed until the order of insolvency is filed or the fee is paid.  Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard.  Florida Rule of Appellate Procedure 9.410.
04/17/2020 Docketing Statement
05/15/2020 CASE FILING FEE PAID THROUGH PORTAL
06/19/2020 Motion (Other) Nicholas A. Primrose 0104804 Motion for Order to Show Cause
06/19/2020 Received Records Gwen Marshall 898 pages
06/23/2020 Initial Brf - 20-Day SC or Dismiss Appellant has failed to timely file the initial brief.  Within 20 days from the date of this order, appellant shall file the initial brief or, alternatively, show cause why this appeal should not be dismissed for failure to comply with the rules and orders of this Court.  The failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard.  Fla. R. App. P. 9.410.
06/25/2020 Deny Motion (Other) In light of the Court’s order of June 23, 2020, Appellee’s motion for order to show cause, filed June 19, 2020, is denied as moot.
07/13/2020 Initial Brief on Merits Daniel W. Uhlfelder 133922
07/15/2020 Appellee's Answer Brief Nicholas A. Primrose 0104804
07/15/2020 Motion (Other) Nicholas A. Primrose 0104804 motion to dispense with OA and for expedited opinion
07/29/2020 RESPONSE Daniel W. Uhlfelder 133922 AA's Response to Motion to Dispense with OA and for an Expedited Opinion
08/05/2020 Order The Court notes that the order on appeal is not final or appealable, because it merely grants a motion to dismiss and does not actually dismiss the case. See Fla. R. App. P. 9.110(l); Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (“[A]n order granting a motion to dismiss with prejudice is no more final than an order granting a motion to dismiss without prejudice.”); Johnson v. First City Bank of Gainesville, 491 So. 2d 1217, 1218 (Fla. 1st DCA 1987) (finding that an order that granted a motion to dismiss “with prejudice” without dismissing the case is not final and not appealable). On the Court’s own motion, we exercise our discretion to relinquish jurisdiction to the lower tribunal for 20 days for entry of a final, appealable order that actually dismisses the case and does not merely grant a motion. See Fla. R. App. P. 9.110(l). Appellant shall obtain such a final order and promptly file an amended notice of appeal directly with the clerk of this Court, attaching the final order. Failure to comply timely with this order may result in the imposition of sanctions, which may include dismissal of the appeal, without further opportunity to be heard. See Fla. R. App. P. 9.410. This order tolls further proceedings until the final, appealable order is filed with this Court.
08/17/2020 Motion To Withdraw as Counsel Nicholas A. Primrose 0104804 Motion for Leave to Withdraw as Counsel for Governor DeSantis
08/17/2020 Notice of Appearance Joshua Elliott Pratt 0119347
08/25/2020 Motion for Extension of Time to File Response Daniel W. Uhlfelder 133922 Response and Motion for Extension of time to Respond to Court's Order of August 5, 2020.
09/08/2020 Grant Withdrawal of Appellee's Counsel     The motion to withdraw filed on August 17, 2020, by Nicholas A. Primrose, is granted. Mr. Primrose shall have no further obligations in this case, but Appellee shall continue to be represented by Joshua E. Pratt.
09/14/2020 Amended Notice of Appeal Daniel W. Uhlfelder 133922 8/27/20 corrected order attached
09/18/2020 Grant EOT Response to Court Order      Appellant’s motion for extension of time, filed August 25, 2020, is granted, and the Court accepts the amended notice of appeal filed September 14, 2020. Appellant may file a reply brief within 30 days of the date of this order. Appellee’s motion to dispense with oral argument and for an expedited opinion, filed July 15, 2020, is granted in part. This case is hereby accorded expedited review. No further extensions of time on briefs shall be granted. The Court will render a decision concerning oral argument, if it is requested, at a later date.  
10/13/2020 Motion To Withdraw as Counsel Ryan Newman 1031451
10/19/2020 Motion For Oral Argument Daniel W. Uhlfelder 133922
10/30/2020 Grant Withdrawal of Appellee's Counsel      The motion to withdraw filed on October 13, 2020, by Joseph W. Jacquot, is granted. Mr. Jacquot shall have no further obligations in this case, and Appellee shall continue to be represented by Joshua E. Pratt.
11/13/2020 OA Denied      Appellant's motion for oral argument docketed October 19, 2020, is denied.
11/13/2020 Order The court has reviewed the briefs and other filings in this case and finds that the appellant fails to demonstrate even an arguable legal basis for reversal. Accordingly, we summarily affirm pursuant to Florida Rule of Appellate Procedure 9.315. Moreover, the appellant shall show cause within fifteen days why this court should not impose sanctions, including attorney fees and costs, on him and counsel for filing this appeal, the initial brief, and the request for oral argument, which appear to be frivolous and/or filed in bad faith. See Fla. R. App. P. 9.410; cf. s. 57.105, Fla. Stat.
11/13/2020 Affirmed - Per Curiam Opinion Affirmed by order
11/30/2020 RESPONSE Daniel W. Uhlfelder 133922
12/02/2020 Order Appellee Governor Ron DeSantis is permitted to file a reply to Appellant's Response to this Court's Order to Show Cause by December 16, 2020.
12/08/2020 Notice of Appearance Colleen M. Ernst 112903
12/11/2020 REPLY Joshua Elliott Pratt 0119347 Governor's Reply to Response to Order to Show Cause
02/05/2021 Order We summarily affirmed this appeal because Appellant’s briefs merely expressed disagreement with Governor Ron DeSantis on non-justiciable policy questions arising out of the Governor’s response to the COVID-19 pandemic. This was an improper use of the appeal process, as Appellant sought merely to express an opinion regarding political and public-policy matters lying within the Governor’s discretion. We ordered Appellant and his counsel, all of whom appeared on the briefs, to show cause why they should not be sanctioned for taking a frivolous appeal and filing frivolous briefs. In response, Appellant and his counsel merely repeat the arguments we have already found frivolous. They blame the trial court for suggesting that they appeal its order, even though the judge clearly ruled that Appellant had failed to raise any justiciable issue. Appellant presented no good-faith argument rooted in existing law and no good-faith argument for the modification, extension, or reversal of existing law. Appellant and his counsel knew or should have known that their appeal was not rooted in the law and that their briefs merely stated their opinion without relying on good-faith, reasonably arguable citations to any legal authority for reversal. In so doing, they improperly consumed this court’s resources as well as those of the Governor and his staff. The district court of appeal exists to resolve any bona fide dispute between parties over whether there has been a cognizable legal error committed by a trial court affecting a disposition brought before us for review. A court such as this does not hear public-policy grievances or resolve political disputes. So, when a lawyer—who is an officer of the court—brings an appeal as counsel of record, the lawyer must make a good-faith argument as to why the trial court erred based on either existing law or a proposed reasonable extension of the law. As the rules governing a lawyer’s conduct states: The filing of an action or defense or similar action taken for a client is not frivolous merely because the facts have not first been fully substantiated or because the lawyer expects to develop vital evidence only by discovery. What is required of lawyers, however, is that they inform themselves about the facts of their clients’ cases and the applicable law and determine that they can make good faith arguments in support of their clients’ positions. Such action is not frivolous even though the lawyer believes that the client's position ultimately will not prevail. The action is frivolous, however, if the lawyer is unable either to make a good faith argument on the merits of the action taken or to support the action taken by a good faith argument for an extension, modification, or reversal of existing law. Comment to R. Regulating Fla. Bar 4-3.1 (emphasis added). This appeal, together with Appellant’s brief, did not comport with this foundational expectation of professionalism and candor to the court. Indeed, Appellant and his counsel abused the judicial process. Appellant later admitted publicly that he filed this action to “draw attention” to political issues, not to vindicate legal rights. Appellant stated as follows in an op-ed: As a native Floridian and attorney who has fought for equal justice and consumer protection my whole life, I have gone to great lengths to draw attention to how badly Gov. Ron DeSantis has mishandled this health crisis, going so far as to sue him to issue a temporary stay-at-home and beach closure order. Daniel Uhlfelder, Florida COVID-19 cases have hit tragic milestone, The Gainesville Sun, Dec. 2, 2020, https://www.gainesville.com/story/opinion/2020/12/02/daniel-uhlfelder-florida-covid-19-cases-have-hit-tragic-milestone/3784434001 (newspaper column published while show-cause sanctions order was pending). In addition, Appellant and his counsel’s failure to comply with the appellate rules demonstrates a lack of seriousness about these proceedings,
02/08/2021 Order Pursuant to Rule 3-7.8, Rules Regulating The Florida Bar, the Court directs the State Attorney for the First Judicial Circuit, in the name of the State of Florida, to file a motion to discipline Daniel W. Uhlfelder, the respondent attorney, for the following putatively unprofessional conduct that has been made known to the First District Court of Appeal: On February 6, 2021, following an order of this court issued February 5, 2021, referring the respondent attorney for possible misconduct to The Florida Bar in Case No. 1D20-1178, the respondent attorney was quoted by the Tallahassee Democrat as stating: “I do find it interesting that this opinion attacking my critiques of Gov. DeSantis appeared just two days after I launched a (political) committee to remove Ron DeSantis[.”] This statement may violate Rules of Professional Conduct 4-8.2 and 4-8.4; the statement may also violate the Oath of Admission to The Florida Bar, and also may constitute indirect criminal contempt. A copy of this order has been delivered to The Florida Bar, along with the February 5, 2021, order. B.L. THOMAS, KELSEY, and TANENBAUM, JJ., concur.
03/22/2021 Order The State Attorney of the First Judicial Circuit shall file a status report with this court within 15 days, describing all action taken to comply with this court’s order dated February 8, 2021. Specifically, the State Attorney shall address whether she has filed a motion, as directed, “in the name of the State of Florida to discipline [Daniel W. Uhlfelder], setting forth in the motion” the conduct described by this court in the February 8 order, including the comments about this court attributed to Mr. Uhlfelder in media reports. If the State Attorney has not yet filed that motion as directed, the report shall provide the date by which she intends to file it. If she has already filed the motion, the report shall state as much and attach a copy of both the motion and Mr. Uhlfelder’s answer. The report also shall indicate when there will be held the evidentiary hearing required by rule 3-7.8, Rules Regulating The Florida Bar, for determining the matter. The State Attorney shall file an updated status report no later than every 30 days thereafter until proceedings have concluded with the circuit court’s ultimate disposition, which shall be filed with this court promptly.
03/30/2021 Notice of Appearance Anne Izzo 1016166 (And Designation of E-mail Addresses)
03/30/2021 Acknowledgment of Service List      The notice filed by counsel for the Appellee on March 30, 2021, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
03/30/2021 Status Report
04/21/2021 Status Report Second Status Report
05/21/2021 Status Report Third Status Report
06/14/2021 Status Report 4th Status Report
07/19/2021 Status Report Fifth Status Report
08/19/2021 Status Report Sixth Status Report
09/20/2021 Status Report Seventh Status Report
10/19/2021 Status Report Eighth Status Report
11/17/2021 Status Report Ninth Status Report
12/17/2021 Status Report Tenth Status Report
01/14/2022 Notice of Appearance Brian Updike 1022516 and designation of email addresses
01/14/2022 Acknowledgment of Service List      The notice filed by counsel for the Appellee on January 14, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
01/14/2022 Status Report 11th Status Report
02/11/2022 Status Report 12th status report
03/18/2022 Status Report 13th status report
04/11/2022 Notice of Appearance Robert Paul Gillespie 0121848 and designation of email addresses
04/11/2022 Status Report 14th status report
04/12/2022 Acknowledgment of Service List      The Notice of Appearance and Designation of Email Addresses for E-Service filed by counsel for the Appellee on April 11, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
05/10/2022 Status Report 15th status report
06/09/2022 Status Report 16th