OTERO v. BANK OF NEW YORK MELLON CWABS 2004 SD2 (2019)

District Court of Appeal of Florida, Fifth District.

Israel OTERO and Pura Rodriguez, Appellants, v. BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Benefit of the Certificate Holders of the CWABS Inc., Asset Backed Certificates Series 2004-SD2, Appellee.

Case No. 5D18-2103

Decided: March 08, 2019

Israel Otero and Pura Rodriguez, Orlando, pro se. Jason F. Joseph, of Tromberg Law Group, P.A., Boca Raton, for Appellee.

Due to Appellants' apparent abuse of the legal process by their repetitive, malicious, or frivolous pro se filings attacking the judgment in Orange County Circuit Court Case Number 2014-CA-1836, this Court issued an order directing Appellants to show cause why they should not be prohibited from future pro se filings. See State v. Spencer, 751 So.2d 47, 48 (Fla. 1999). Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that they are abusing the judicial process and should be barred from further pro se filings.

Therefore, in order to conserve judicial resources, Appellants are prohibited from filing with this Court any further pro se filings concerning the above referenced case. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. Any future filings regarding the referenced case will be summarily rejected by the Clerk, unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”).

FUTURE PRO SE FILINGS PROHIBITED.

PER CURIAM.

ORFINGER, COHEN and WALLIS, JJ., concur.

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