BOWEN v. STATE (2020)

Due to Appellant’s apparent abuse of the legal process by the repetitious and frivolous pro se filings, this Court issued an order directing Appellant to show cause why Appellant should not be prohibited from future pro se filings in this Court related to Duval County Circuit Court case numbers 1998-CF-13684 and 1999-CF-7248. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999) (requiring that courts “first provide notice and an opportunity to respond before preventing [a] litigant from bringing further attacks on his or her conviction and sentence”). Appellant’s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.

Therefore, because Appellant’s repetitious, frivolous filings have become an abuse of the legal process, we hold that Appellant is barred from future pro se filings in this Court related to Duval County Circuit Court case numbers 1998-CF-13684 and 1999-CF-7248. The Clerk of the Court is directed not to accept any future filings concerning these cases unless they are filed by a member in good standing of The Florida Bar. This includes any post-disposition motion filed in response to this opinion. Appellant is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2019). See Fla. R. App. P. 9.410.

We also direct the Clerk of the Court to provide a certified copy of this opinion to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided for by section 944.09, Florida Statutes (2019).

B.L. Thomas, J.

Rowe and Osterhaus, JJ., concur.