MELISSA MASON
v.
JEANNE MC GINLEY
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A litigant who files multiple meritless and duplicative appeals of the same judgment may be sanctioned by requiring that future filings in that case be placed in an inactive file unless signed by a member of The Florida Bar.
[1] A court may sanction a litigant for filing multiple meritless and duplicative appeals by directing the clerk to place future filings in an inactive file unless signed by…
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Join FLexlaw to unlock all legal intelligence“Appellant's repeat meritless filings burdened the limited resources of this court and interfered with the resolution of genuine disputes.”
Court's order to show cause regarding sanctions
Appellant filed an initial appeal of a June 4, 2021 eviction judgment, which was dismissed for failure to prosecute. She then filed two additional not…
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PER CURIAM. The county court entered a final eviction judgment in lower tribunal case 21-CC-1740 on June 4, 2021. Appellant timely appealed the judgment in appeal 2D21-1701, but the appeal was dismissed for failure to prosecute.
Following that dismissal, appellant twice filed notices of appeal of the same judgment in appeals 2D22-0521 and 2D22-0727, but those cases were dismissed as untimely filed.
Upon the filing of the notice of appeal and a copy of the June 4, 2021, eviction judgment in this proceeding, we issued an order to show cause why this appeal should not be dismissed as untimely and duplicative of the prior appeals. Our order also noted that Appellant's repeat meritless filings burdened the limited resources of this court and interfered with the resolution of genuine disputes. We further ordered Appellant to show cause why she should not be sanctioned for her meritless and duplicative filings. Appellant did not timely respond.
By prior order we dismissed this appeal as duplicative and untimely filed but retained jurisdiction to address the order to show cause relating to sanctions.
Accordingly, we direct the clerk of this court to place in an inactive file any original proceedings or notices of appeal filed by Appellant related to lower tribunal case number 21-CC-1740 unless the filing is signed by a member in good standing of The Florida Bar. See State v. Spencer, 751 So. 2d 47, 48-49 (Fla. 1999); Cafaro v. Estate of Wyllins, 164 So. 3d 146, 148 (Fla. 2d DCA 2015).
BLACK, LUCAS, and ATKINSON, JJ., Concur. Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Cafaro v. Est. OF Diane Wyllins, 164 So. 3d 146 (Fla. 2d DCA 2015)