OMAR G. RODRIGUEZ-DIAZ, APPELLANT,
v.
MARIA ABATE, AND JEFFREY TIMKEE, ETC., APPELLEES

Fla. 3d DCA | 1993-01-19
Nos. 92-692, 92-1666
Before NESBITT, FERGUSON and GERSTEN, JJ.
613 So. 2d 515 Florida District Court of Appeal, Third District (1993) Caution
Cited by 8 cases

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Synopsis

The appellate court reviewed an order prohibiting a pro se litigant, Omar Rodriguez-Diaz, from representing himself in lawsuits. The court affirmed the injunction, finding sufficient evidence that his actions disrupted the administration of justice, but modified the order to allow him time to secure counsel.


Holding

The appellate court held that there was competent and substantial evidence to support the injunction prohibiting the pro se litigant from representing himself. The court affirmed the injunction but modified it to allow the appellant thirty days after the opinion becomes final to secure counsel.


Headnotes

[1] A litigant may be prohibited from representing himself pro se when his actions disrupt the administration of justice, constitute an abuse of court process, and monopolize…

[2] A court may enjoin a pro se litigant from self-representation if the litigant has upset normal court procedures by filing immaterial, irrelevant, and impertinent pleading…

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Key Quotes

“Mr. Diaz’s written and oral responses to the Rule to Show Cause evinces the necessity for the issuance of this Order. Whereas Mr. Diaz uses his court experiences to further his legal education and whereas the filing of multiple lawsuits provide him with an emotional outlet, nevertheless his activities disrupt the effective and orderly administration of justice; constitute an abuse of court process and monopolize the Court’s limited resources to the detriment of other pending court matters.”

This quote explains the trial court's reasoning for issuing the injunction, highlighting the disruptive nature of the appellant's actions.

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Facts & Procedural History

Omar Rodriguez-Diaz, representing himself in multiple lawsuits, was found by the trial court to be disrupting the administration of justice, abusing c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Review is sought of an order which prohibits the appellant from representing himself as plaintiff in these actions for malicious prosecution, intentional infliction of emotional distress and harassment. The trial court’s order on rule to show cause is restated verbatim:

THIS CAUSE having come on to be heard March 9, 1992 pursuant to the Rule to Show Cause issued February 12, 1992 and upon Plaintiff’s request for a hearing pursuant to F.S. 90.204 and the Court having taken testimony, reviewed the file and otherwise being fully advised in the premises, it is ORDERED AND ADJUDGED as follows:
Mr. Diaz’s written and oral responses to the Rule to Show Cause evinces the necessity for the issuance of this Order. Whereas Mr. Diaz uses his court experiences to further his legal education and whereas the filing of multiple lawsuits provide him with an emotional outlet, nevertheless his activities disrupt the effective and orderly administration of justice; constitute an abuse of court process and monopolize the Court’s limited resources to the detriment of other pending court matters.

Unable to view his matters objectively, Mr. Diaz personalizes all facets of the judicial process and he has undertaken a relentless crusade to harass and to intimidate opposing counsel. Notwithstanding the Court’s order of January 3, 1992, in the above-styled cause, Mr. Diaz persists in maligning and threatening Mr. Waas and Mr. Falk. Lawyers of lesser character, courage or fortitude would long ago have abandoned their client resulting in the perversion of the legal process. Lawyers, as Officers of the Court, are charged with and have a responsibility to protect the integrity of the Courts and the judicial process; likewise, the Courts have a reciprocal duty to its officers to insure that they are able to perform their responsibilities free of coercion, threat or ridicule.

The Court recognizes that the “easy” way for it to handle the problems presented by Mr. Diaz would simply be to recuse itself, transfer the cause to another Judge! That option, however, is unacceptable; it would be unfair to the successor Judge, the attorneys and their client. Mr. Diaz has abused his pro se right of access to our Court and he should be enjoined and prohibited from henceforth representing himself in Pro-pria Persona. The Court is undoubtably aware that this Order will be the subject of multiple appeals, if not litigation. The Court’s injunction pertains only to matters assigned to the undersigned Judge. See Herskowitz v. Herskowitz, 466 So. 2d 8 (Fla. 3d DCA 1985). Nonetheless, upon review by other higher Courts with broader jurisdiction, if they find that the reasons and basis for issuing the injunction are sound, this Court invites those Courts themselves to examine and to determine whether a similar injunction might be appropriate within their expanded jurisdiction. It is therefore

ORDERED AND ADJUDGED as follows:

(1) The return to the Rule being insufficient to show cause why the prohibiting features thereof should not be carried out, Omar Rodriguez-Diaz is hereby prohibited from henceforth representing himself as Plaintiff or Petitioner before the undersigned Judge in any pending or future matters assigned to its division. Any further appearance by Mr. Omar Rodriguez-Diaz shall be only through an attorney admitted to and in good standing with The Florida Bar, which attorney shall be responsible for the consequences of his or her filings on behalf of Mr. Diaz;

(2) This Court reserves jurisdiction to enforce its own orders, judgments and writs, including, but not limited to imposition of sanctions for contempt or other appropriate sanctions arising from violation of this injunction; and (8) This cause shall stand dismissed without further Order of Court unless aforesaid Omar Rodriguez-Diaz shall cause counsel of record to appear on his behalf on or before April 13, 1992.

DONE and ORDERED in Chambers at Miami, Dade County, Florida this 24 day of March, 1992.

[Footnotes omitted].

On review of the extensive record, we hold that there is competent and substantial evidence to support the injunction. An order prohibiting a layman from representing himself is an appropriate remedy where the litigant, in a series of cases, has upset and interfered with the normal procedures of the court by filing immaterial, irrelevant and impertinent pleadings, and has failed to comply with court rules. Shotkin v. Cohen, 163 So. 2d 330 (Fla. 3d DCA 1964); 7A C.J.S. Attorney & Client § 168 (1980). However, we modify the order to allow the appellant thirty-days after this opinion becomes final to secure counsel.

Affirmed as modified.


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Citator

Cited By

  • Daniella Carlow v. Evrick Blenman & Waste Mgmt., Inc., 652 So. 2d 479 (Fla. 2d DCA 1995)
    …g her suit upon her failure to obtain representation. She argues that she be allowed to represent herself. Under the facts of this case, we find no abuse of discretion in the trial court’s ordering her to obtain counsel. See Rodriguez-Diaz v. Abate, 613 So. 2d 515 (Fla. 3d DCA 1993). We conclude, however, that the trial court abused its discretion [*480] in allowing her less than two weeks to find representation. Accordingly, we vacate the order of dismissal and remand for the entry of a modified order giving…
    1 / 2
  • KEE v. Schnackenberg, 732 So. 2d 1090 (Fla. 3d DCA 1998)
    …PER CURIAM. Affirmed. See Martin v. Circuit Court, Seventeenth Judicial Circuit, 627 So. 2d 1298 (Fla. 4th DCA 1993); Rodriguez-Diaz v. Abate, 613 So. 2d 515 (Fla. 3d DCA 1993).…
  • Rares v. Richard Campbell, M.D., 661 So. 2d 408 (Fla. 3d DCA 1995)
    …r to dismiss a complaint is not unbridled). Appellees nevertheless urge us on appeal to enjoin Ms. Rares from any further self-representation in the cause. In support of his argument, appellee cites this court’s decisions of Rodriguez-Diaz v. Abate, 613 So. 2d 515 (Fla. 3d DCA 1993) and Shotkin v. Cohen, 163 So. 2d 330 (Fla. 3d DCA 1964). In both of these decisions, however, we note that a pro se litigant was enjoined from further self-representation after that pro se litigant had, in a series of eases, inter…

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