final until disposition of timely filed motion for rehearing.
Consolidated petitions for writ of mandamus to the Circuit
Court for the Seventeenth Judicial Circuit, Broward County;
Barbara A. McCarthy, Judge; L.T. Case Nos. 17006590CF10A and
Finkelstein, Public Defender, and Gustavo Martinez, Assistant
Public Defender, Fort Lauderdale, for petitioners.
Moody, Attorney General, Tallahassee, Georgina Jimenez-Orosa,
and Joseph D. Coronato, Jr., Assistant Attorneys General,
West Palm Beach, for respondent.
Lopez Hernandez and Generoso Banos filed petitions for writs
of mandamus seeking to compel the trial court to accept their
written waivers of appearance for calendar call hearings.
grant the petitions because the trial court did not
specifically articulate why their presence was mandatory or
what value would occur by requiring their
2017, Hernandez was charged with one count of grand theft. In
December 2017, he filed his written waiver of appearance,
COMES NOW the Defendant, through undersigned counsel,
pursuant to Florida Rules of Criminal Procedure 3.180(a)(3),
and 3.220(o)(1), and Lynch v. State, 736 So.2d 1221
(Fla. 5th DCA 1999) and Stout v. State, 795 So.2d
227 (Fla. 4th DCA 2001) hereby files this written waiver of
his/her appearance from any Pretrial Conferences which may
occur during the pendency of this case.
"I hereby waive my appearance at any Pretrial
Conferences which may occur in the above-styled case."
6, 2019, Hernandez was scheduled for calendar call, and his
counsel appeared on his behalf. Once the case was called, the
court noted that there had been "ten calendar calls, all
continued." Counsel explained that Hernandez's job
restricted him from taking days off work and informed the
court that Hernandez had a signed waiver of appearance filed
with the court.
court responded that it had been almost a year since the
waiver was signed and ordered that Hernandez appear on May
20, 2019. Hernandez appeared as required on that date, and
the court ...