MOSLEY
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The First District Court of Appeal affirmed an order denying Frank Mosley's postconviction motion under Florida Rule of Criminal Procedure 3.800(a), citing a pattern of repetitious and frivolous filings spanning multiple years. The court warned Mosley of potential sanctions, including prohibition of future pro se filings and disciplinary referral, for continued abuse of the appellate process.
The court affirmed the order denying Mosley's postconviction motion and warned that future frivolous filings may result in sanctions including prohibition of pro se filings and disciplinary referral. The court determined that Mosley's history of filing repetitious and frivolous claims constitutes an abuse of the appellate process.
[1] A party who has a history of filing repetitious and frivolous claims may be subject to sanctions, including a prohibition against future pro se filings.
[2] Filing multiple postconviction appeals or petitions related to the same case, containing repetitive and frivolous claims, may constitute an abuse of the appellate process…
Previewing 2 of 3 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“These cases reveal a history of filing repetitious and frivolous claims.”
Establishes the court's finding that Mosley's filings constitute abuse of process based on their repetitious and frivolous nature.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMosley has filed at least five postconviction appeals or petitions in the First District Court of Appeal concerning Santa Rosa County Circuit Court ca…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Ineffective Assistance Of Appellate Counsel cases and more on FLexlaw
PER CURIAM.
AFFIRMED. This Court’s records reflect that, along with this appeal from an order denying his postconviction motion filed under Florida Rule of Criminal Procedure 3.800(a), Frank A.L. Moseley has filed at least four other postconviction appeals or petitions in this Court related to Santa Rosa County Circuit Court case number 2007-CF-0448: • Mosley v. State, 162 So. 3d 281 (Fla. 1st DCA 2015) (denying petition alleging ineffective assistance of appellate counsel); • Mosley v. State, 310 So. 3d 394 (Fla. 1st DCA 2021), (affirming order denying rule 3.850 motion);
• Mosley v. State, 371 So. 3d 925 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion); • Mosley v. State, 371 So. 3d 927 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion). These cases reveal a history of filing repetitious and frivolous claims. The court warns Mosley that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2023); Ferris v. State, 100 So. 3d 142, 144 (Fla. 1st DCA 2012) (Wetherell, J., concurring) (“[T]here comes a point after which a defendant’s use of the appellate process to continue to litigate postconviction claims becomes an abuse of the process”).
OSTERHAUS, C.J., and ROWE and LONG, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mosley v. State, 371 So. 3d 927 (Fla. 1st DCA 2024)…tance of appellate counsel); • Mosley v. State, 310 So. 3d 394 (Fla. 1st DCA 2021), (affirming order denying rule 3.850 motion); • Mosley v. State, 371 So. 3d 925 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion); • Mosley v. State, 371 So. 3d 927 (Fla. 1st DCA 2023) (affirming order denying rule 3.800 motion). These cases reveal a history of filing repetitious and frivolous claims. The court warns Mosley that any future filings that this court determines to be frivolous may result in the imp…
-
Mosley v. State (Fla. 1st DCA 2025)
Authorities Cited
- Mosley v. State, 162 So. 3d 281 (Fla. 1st DCA 2015)
- Mosley v. State, 371 So. 3d 927 (Fla. 1st DCA 2024)