KEVIN M. OWENS
v.
MIKE FORTE, ET AL
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Kevin M. Owens appeals from a Circuit Court judgment entered in 2004, but the appellate court finds his pro se filings to be abusive, repetitive, malicious, and frivolous. The court bars Owens from filing future pro se pleadings in this appellate court regarding the underlying case.
The court prohibits Owens from filing any further pro se filings concerning Hillsborough Circuit Court Case Number 2004-CA-6169 with the appellate court. Future pro se filings regarding this case will be summarily rejected by the Clerk unless filed by a Florida Bar member in good standing.
[1] A party may be prohibited from future pro se filings when their filings demonstrate an abuse of the legal process through repetitive, malicious, or frivolous actions.
[2] A court may direct a party to show cause why sanctions, including prohibition from further pro se filings, should not be imposed for abuse of the judicial process.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Due to Petitioner's apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking the judgment entered in Hillsborough County Circuit Court Case Number 2004-CA-6169, this Court issued an order directing Petitioner to show cause why he should not be prohibited from future pro se filings.”
Establishes the basis for the court's sanction order—Owens' pattern of abusive and frivolous filings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOwens, proceeding pro se, filed multiple pleadings attacking a judgment entered in Hillsborough County Circuit Court Case Number 2004-CA-6169. The app…
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Appeal from the Circuit Court for Hillsborough County, Elizabeth Rice, Judge.
Kevin M. Owens, Tampa, pro se.
Scot E. Samis, of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for Respondent, Cypress Park Garden Homes I. No Appearance for other Respondents.
COHEN, JAY P., Associate Judge.
Due to Petitioner’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking the judgment entered in Hillsborough County Circuit Court Case Number 2004-CA-6169, this Court issued an order directing Petitioner to show cause why he 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 Petitioner is abusing the judicial process and should be barred from further pro se filings. In order to conserve judicial resources, Petitioner is prohibited from filing with this Court any further pro se filings concerning Hillsborough Circuit Court Case Number 2004-CA-6169. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. The Clerk will summarily reject any future filings regarding the referenced case 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.”); see also, Baruchel v. Dalton, 268 So. 3d 280 (Fla. 5th DCA 2019) (prohibiting further pro se pleadings due to appellant’s abuse of judicial process). Further Pro Se Filings PROHIBITED.
HARRIS, JOHN M. and TRAVER, DAN, Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Alain Baruchel v. Dalton, 268 So. 3d 280 (Fla. 5th DCA 2019)