ORDER GRANTING RENEWED MOTION TO CONTINUE TRIAL
Patience is a virtue, and we certainly did learn that from all of the postponements in Casey Anthony’s criminal trial. This time, with regard to the Zenaida Gonzalez (Plaintiff) v. Casey Anthony (Defendant) civil trial, Ninth Circuit Court Judge Lisa T. Munyon chose to postpone it until January 2, 2013. This trial had been postponed in the past for several reasons, all stemming from motions filed by the defense, but this time, both sides agreed that one more postponement was necessary. Why?
Let’s start with the basics, beginning with what’s been going on since the start of the new year. On February 29, the defense made a request to continue the trial date by filing a motion to Abate Trial Deadlines. A continuance means to postpone a date set by the court. Last week, on March 6, the judge heard the motion and the plaintiff’s objection to the continuance. Zenaida and her team of lawyers were ready to go to trial. After hearing from both sides, Judge Munyon chose to deny the defense motion that day. Jury selection was scheduled to start on April 10, 2012, with the trial slated to begin the following week in the same courtroom as the criminal trial. That would be Courtroom 23.
All honky dory, right? No, because on March 9, Zenaida’s attorneys filed a Notice of Conflict stating that they were scheduled to be in a Duval County courtroom trying other civil matters beginning on April 9. Their reasoning was solid. The Duval court scheduled that trial date before Munyon set this trial date in September of 2011. Munyon chose to go with what court had precedence. Since Duval set the date first, Orange/Osceola would have to wait. (See: Florida Rules 2.550(a)(6) - The case in which the trial date has been first set generally should take precedence.)
There’s more to it than just that, though. Judge Munyon could have ignored the request had the costs of rescheduling been too much of a burden on Florida taxpayers. After consulting with court representatives and the sheriff’s office, the grand total for a continuance would come to a mere $157.00, and that includes additional summonses to prospective jurors, printing, sorting, and mailing fees. Lest you think that’s all there is, guess again. Judge Munyon wasn’t able to secure Courtroom 23 for the week of April 10, and what that translates into is that the cost to the sheriff’s office for additional security would exceed the costs expended for the summonses. That’s because there are three other courtrooms on that floor, meaning the potential for a lot of people milling around. Okay, fine, but why so long of a postponement? It’s because Courtroom 23, the only courtroom on that floor, is in use. January 2, 2013 is the earliest time it will be available for two consecutive weeks.
So, what we have ahead of us are deadline adjustments originally set on September 1, 2011. We’re talking about 8+ months in the future now. The judge did set a two-week deadline from the date of her order (March 13) to file any notices of conflict for the new trial date. There is a hearing scheduled for March 23. The judge ordered that it remain on the docket and limited the proceeding to motions for summary judgment and all matters related to discovery, such as Gonzalez’s request for Anthony’s residential address. A motion for summary judgment, in this case, means the motion the defense filed to have the case against Anthony thrown out.
As far as I’m concerned, we should be used to it. After three years, plus this mess, we should know by now not to hold our breath. If you think this will ever end, guess again. This time it was the plaintiff’s request that did the trick.