GLEN DERRICK JOHNSON
v.
SHARON MUSCELLA
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A trial court order barring a pro se litigant from filing further pleadings is reviewable by petition for writ of certiorari and may be upheld when the trial court has provided adequate due process, including notice and an opportunity to show cause why the sanction should not be imposed.
[1] An order prohibiting a pro se litigant from filing further pleadings restricts access to the courts and is reviewable by petition for writ of certiorari.
[2] An order barring pro se filings must comply with due process and must provide the litigant with notice and an opportunity to respond or show cause why the sanction should…
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Join FLexlaw to unlock all legal intelligence“Because an order prohibiting pro se filings restricts a litigant's access to the courts, it must comply with due process and provide 'notice and an opportunity to respond' to show cause why the sanction should not be imposed.”
Court's articulation of the due process standard applicable to pro se filing restrictions
Glen Derrick Johnson, proceeding pro se, appealed a trial court order that barred him from filing further pro se pleadings. The trial court had issued…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
GLEN DERRICK JOHNSON, Petitioner,
V.
SHARON MUSCELLA, Respondent.
No. 4D2025-1088 [April 1, 2026]
Petition for writ of certiorari to the County Court for the Seventeenth Judicial Circuit, Broward County; Tabitha Blackmon Eves, Judge; L.T. Case No. 062024CC000070AXXXWE.
Glen Derrick Johnson, Lauderhill, pro se.
No appearance for respondent.
PER CURIAM.
Defendant seeks review of the trial court's order barring him from filing further pro se pleadings. Because such an order is reviewable by petition for writ of certiorari, we treat defendant's appeal as a petition for writ of certiorari. See Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause must be treated as if the proper remedy had been sought . . . .”); see also Epps v. State, 941 So. 2d 1206, 1206-07 (Fla. 4th DCA 2006) (reviewing through certiorari an order precluding a party from filing further pro se pleadings). We deny certiorari.
Because an order prohibiting pro se filings restricts a litigant's access to the courts, it must comply with due process and provide “notice and an opportunity to respond” to show cause why the sanction should not be imposed. State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). We find that the trial court gave defendant sufficient due process before barring him from making any further pro se filings. See id. As to the other issues raised by defendant, we find them to be without merit. As such, we deny the writ of certiorari.
Petition denied.
LEVINE, FORST and SHEPHERD, JJ., concur. * * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isley v. State, 652 So. 2d 409 (Fla. 5th DCA 1995)
- Felton Epps v. State, 941 So. 2d 1206 (Fla. 4th DCA 2006)