GERALD NILES
v.
STATE OF FLORIDA
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The Florida First District Court of Appeal affirmed a sanction against Gerald Niles, a pro se litigant, barring him from making future pro se filings in the appellate court related to a 1990 criminal case due to his pattern of frivolous and repetitive filings constituting an abuse of the legal process.
The court held that Appellant is barred from future pro se filings in the First District Court of Appeal related to Leon County Circuit Court case number 1990 CF 2534, and any future filings concerning this case must be filed by a member in good standing of The Florida Bar.
[1] A party who repeatedly files frivolous or repetitive appeals after being warned by the court may be subject to sanctions, including prohibition from filing further appeal…
[2] Courts may order a pro se litigant to show cause why they should not be prohibited from filing further pleadings or appeals when their filings constitute an abuse of the…
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Join FLexlaw to unlock all legal intelligence“Due to Appellant's apparent abuse of the legal process by the repetitive and frivolous pro se filings in this Court, we issued an order directing Appellant to show cause why he should not be prohibited from future pro se filings in this Court related to Leon County Circuit Court case number 1990 CF 2534.”
Establishes the basis for the sanction—repeated frivolous filings constituting abuse of the legal process
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Join FLexlaw to unlock all legal intelligenceAppellant Gerald Niles filed repetitive and frivolous pro se motions in the First District Court of Appeal related to Leon County Circuit Court case n…
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PER CURIAM
AFFIRMED. Due to Appellant’s apparent abuse of the legal process by the repetitive and frivolous pro se filings in this Court, we issued an order directing Appellant to show cause why he should not be prohibited from future pro se filings in this Court related to Leon County Circuit Court case number 1990 CF 2534. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). 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 Leon County Circuit Court case number 1990 CF 2534. The Clerk of the Court is directed not to accept any future filings concerning this case 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).
ROBERTS, NORDBY, and TANENBAUM, JJ., concur. _____________________________