DON T. KOZICH, APPELLANT,
v.
NEIL KOZOKOFF, INDIVIDUALLY, APPELLEE
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PER CURIAM.
We affirm the trial court’s dismissal of appellant’s second amended complaint with prejudice. Appellant, pro se, submitted a thirty-seven page complaint plus attachments, which the trial court dismissed without prejudice to re-file a more concise complaint. Appellant continued to submit lengthy complaints, including a twenty-eight page complaint plus attachments followed by a twenty-three page complaint plus attachments before the trial court dismissed the cause with prejudice. “[P]ro se litigants are not immune from the rules of procedure.” Barrett v. City of Margate, 743 So. 2d 1160, 1162 (Fla. 4th DCA 1999). Rule 1.110(b), Florida Rules of Civil Procedure, requires that complaints be stated simply, in short and plain language. Repeated refusals to comply with the rules of pleading justify dismissal with prejudice. Thomas v. Pridgen, 549 So. 2d 1195, 1197 (Fla. 1st DCA 1989).
Affirmed.
STONE, SHAHOOD and HAZOURI, JJ., concur.
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Fernandez v. Barry Univ., Inc., 973 So. 2d 1240 (Fla. 3d DCA 2008)…’s conclusion that “Plaintiff has not complied with the Court’s instructions, cannot comply with [*1243] the Court’s instructions, and does not intend to comply with the Court’s instructions,” is well supported by the record, see Kozich v. Kozokoff, 945 So. 2d 533 (Fla. 4th DCA 2006); Barrett v. City of Margate, 743 So. 2d 1160 (Fla. 4th DCA 1999); Kohn, 611 So. 2d at 538; Dismuke v. Univ. of S. Fla. Bd. of Trs., No. 8:05-CV-340-T-17, 2006 WL 166547 (M.D.Fla. Jan. 23, 2006) (unreported), I believe that there…
Authorities Cited
- Barrett v. City OF Margate, 743 So. 2d 1160 (Fla. 4th DCA 1999)
- Thomas v. Pridgen, 549 So. 2d 1195 (Fla. 1st DCA 1989)