Background
Attorney Patrick Ford filed Boselli’s notice of appeal in January 2026 without paying the required filing fee or submitting indigency documentation. The Second District issued a standard fee order requiring action within 20 days and warning that noncompliance could result in dismissal and sanctions. Ford did not respond.
The court later issued a second order directing Ford to respond and then an order requiring him to appear and show cause why sanctions should not be imposed. Ford paid the fee on the day of the hearing and said Boselli had expressed an interest in dismissing the appeal but had not provided a written request. Ford acknowledged that he had been negligent in failing to resolve the matter.
After the hearing, the court advised Ford that he remained counsel of record unless he demonstrated full compliance with Florida Rules of Appellate Procedure 9.140(d) and 9.440(b), and gave him 30 days to do so. Ford again did not respond.
The Court’s Holding
In this order following the show-cause proceeding, the Second District referred Ford to The Florida Bar for investigation and any appropriate further proceedings. The court based the referral on Ford’s repeated failure to comply with its directives and the resulting delays.
The court did not dismiss Boselli’s appeal or impose a specified monetary sanction in this order. Its disposition was a Bar referral concerning Ford’s conduct as counsel of record.
Key Takeaways
- Appellate counsel must respond promptly to filing-fee and compliance orders.
- Paying a filing fee on the day of a show-cause hearing does not erase earlier noncompliance.
- Counsel remains responsible for an appeal until properly complying with applicable withdrawal or representation rules.
Why It Matters
The order illustrates that repeated disregard of appellate directives can lead to professional-disciplinary referral, even where counsel later takes partial corrective action. Attorneys handling criminal appeals should formally resolve a client’s wish to dismiss and comply with the appellate rules governing continued representation.