RODRIGUEZ v. CHILDREN HOME SOCIETY OF FLORIDA (2020)

Milagros Rodriguez, pro se, appeals from the dismissal with prejudice of her third attempt to plead legally sufficient claims against The Children's Home Society of Florida for money damages following the allegedly negligent treatment of her twin daughters. Before considering Ms. Rodriguez's third attempt at a complaint, the trial court dismissed her first amended complaint (second attempt) with a directive “to hire counsel or to file a legally sufficient complaint, otherwise the case will be dismissed with prejudice.”

The trial court allowed Ms. Rodriguez thirty days within which to hire counsel or file a second amended complaint. Ms. Rodriguez then filed a sixty-one page pro se document that failed once again to state any legally sufficient cause of action.

Although pro se litigants are often given leniency on certain procedural technicalities in how they draft motions or request relief, they are still subject to the rules of procedure. See Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). “Notwithstanding the fundamental principle of allowing pro se litigants procedural latitude, a practice effected to ensure access to the courts for all citizens, pro se litigants are not immune from the rules of procedure.” Barrett v. City of Margate, 743 So.2d 1160, 1162 (Fla. 4th DCA 1999).

Kidwell v. Kidwell, 181 So. 3d 1190, 1190 (Fla. 3d DCA 2015).

Affirmed.

PER CURIAM.