HUTCHISON v. HUTCHISON (2018)

District Court of Appeal of Florida, Second District.

Michael D. HUTCHISON, Appellant/Petitioner(s), v. James HUTCHISON, as Personal Representative, et al., Appellee/Respondent(s).

CASE NO.: 2D17–4474

Decided: February 13, 2018

The petition for writ of mandamus seeking to compel the circuit court to lift the sanction barring the petitioner from future pro se filings in his criminal case so that he may file pleadings in a probate case is denied, as our records from the petitioner's prior appeals show that the sanction is limited to his criminal case and is therefore not barring any probate filings. To the extent that the petitioner believes that the circuit court clerk is improperly applying the sanction to his probate filings, the proper avenue to compel the clerk to accept the filings would be a petition for writ of mandamus filed in the circuit court. See Leichtv v. Clerk of Circuit Court, Lake County, 948 So. 2d 47, 48 (Fla. 5th DCA 2007) (noting that the circuit court has jurisdiction over mandamus petitions seeking to compel the circuit court clerk to accept a filing).

BY ORDER OF THE COURT:

KHOUZAM, BLACK, and ROTHSTEIN–YOUAKIM, JJ., Concur.

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