Opinion
No. 2004-1750.
Decided November 19, 2004.
MOTION AND PROCEDURAL RULINGS
In Prohibition. This cause is pending before this court on the filing of a complaint for a writ of prohibition. On November 12, 2004, respondent First District Court of Appeals filed a motion to dismiss the complaint. Under S.Ct.Prac.R. X(5), respondent First District Court of Appeals was required to file an answer or a motion to dismiss on or before November 10, 2004. Whereas S.Ct.Prac.R. XIV(1)(C) prohibits untimely filings,
IT IS ORDERED by the court, sua sponte, that respondent First District Court of Appeals' motion to dismiss be, and hereby is, stricken.