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In Re Downtown Reporting, LLC.

District Court of Appeal of Florida
146 So.3d 91 (2014)
ELI5:

Rule of Law:

A court reporter's failure to comply with a court's "No Further Extensions Order" for the timely filing of appellate transcripts may be deemed contempt of court. Relief from such an order will only be granted upon a showing of extraordinary good cause.


Facts:

  • Downtown Reporting, LLC, was a court reporting company contracted to serve as an 'official reporter' for criminal proceedings in the Eleventh Judicial Circuit.
  • The company was designated to produce transcripts for fourteen separate criminal appeals, with requests dating from September 2013 to February 2014.
  • Over a period of several months, Downtown Reporting failed to produce dozens of transcripts by the deadlines required under the Florida Rules of Appellate Procedure.
  • The company received numerous extensions of time from the appellate court to file the overdue transcripts.
  • In nine of the cases, the court issued explicit 'No Further Extensions (NFE) Orders,' setting final, non-negotiable deadlines.
  • After the NFE deadlines expired in several cases, Downtown Reporting's manager, Charity Riviera-Garcia, filed another series of motions requesting further extensions.
  • Riviera-Garcia later admitted that the new deadline requested in the motions had no basis in the company's actual ability to complete the work.

Procedural Posture:

  • In fourteen separate criminal appeals pending before Florida's Third District Court of Appeal, the court reporter, Downtown Reporting, LLC, repeatedly missed deadlines for filing transcripts.
  • The appellate court granted Downtown Reporting multiple motions for extensions of time.
  • The court subsequently issued 'No Further Extensions (NFE) Orders' in nine of the cases, which Downtown Reporting also failed to comply with.
  • On its own motion, the Third District Court of Appeal issued an Order to Show Cause, directing Downtown Reporting and its managers to appear and explain why they should not be held in contempt of court.

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Issue:

Does a court reporting company's repeated failure to file appellate transcripts in a timely manner, including violating multiple "No Further Extensions" orders, constitute contempt of court?


Opinions:

Majority - Shepherd, C.J.

Yes, the conduct of Downtown Reporting is contemptuous. A defendant's due process rights include the right to a timely appeal, and substantial delays in producing transcripts can violate that right. The court found that Downtown Reporting exhibited a 'stunning display of disregard' for the court's processes and orders by repeatedly failing to meet deadlines, violating express 'No Further Extensions' orders, and then filing baseless motions for yet more time. Although the court possesses the power to impose fines or other sanctions for this contemptuous behavior, it exercised its discretion to discharge the show cause order. This decision was based on the company's significant efforts to complete the delinquent transcripts after the contempt proceeding was initiated. However, the court issued a stern warning that its 'No Further Extensions' orders are to be strictly obeyed, and future failures to comply will be deemed contemptuous absent a showing of 'extraordinary good cause.'



Analysis:

This order serves as a strong affirmation of a court's inherent power to manage its docket and enforce its orders through contempt proceedings. It establishes a clear precedent that a 'No Further Extensions' order is a final directive, the violation of which creates a presumption of contempt. While the court showed leniency in this instance due to remedial actions, the decision puts all court reporters and litigants on notice that such delays impacting the due process rights of appellants will not be tolerated. The case underscores the judiciary's role in ensuring the expeditious processing of appeals and sets a clear standard for compliance with court deadlines.

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