Opinion
21190-11S
01-12-2023
LAMAR BYRON WATERS & JANET RASCHELLA WATERS, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Tamara W. Ashford, Judge.
This case was called from the calendar for the Trial Session of the Court at Jacksonville, Florida on January 9, 2023. Prior to the trial session, on December 16, 2022, respondent filed a Motion to Dismiss for Lack of Prosecution. By Order served on the parties on December 19, 2022, the Court ordered petitioners to (1) contact the chambers of the undersigned Judge as soon as possible for the purpose of scheduling a conference call to discuss respondent's motion and the status of this case and (2) show cause in writing, on or before January 3, 2023, why this case should not be dismissed for lack of prosecution. Petitioners have yet to respond either to respondent's motion or to the Court's order.
When the case was called from the calendar, there was no appearance by or on behalf of petitioners. Counsel for respondent appeared and orally moved for a continuance of the case. Upon due consideration of the record and for cause more fully appearing in the transcript of the proceeding, it is hereby
ORDERED that respondent's oral Motion for Continuance is granted and this case is continued. It is further
ORDERED that jurisdiction of this case is retained by this Division of the Court. It is further
ORDERED that respondent's Motion to Dismiss for Lack of Prosecution, filed December 16, 2022, is taken under advisement. It is further
ORDERED that the parties shall, on or before January 30, 2023, file status reports, separately or jointly, apprising the Court of the then present status of this case. It is further
ORDERED that this case is calendared for trial at the February 27, 2023, remote Trial Session of the Court. It is further
ORDERED that the Clerk of the Court shall serve on the parties: (1) a Notice of Remote Proceeding that shall contain comprehensive instructions on how to participate in the above-referenced remote proceeding and (2) a copy of the Standing Pretrial Order for the Court's February 27, 2023, remote Trial Session.
This Order constitutes official notice thereof to the parties.