RAYVON BOATMAN, PETITIONER,
v.
JAMES R. MCDONOUGH, ET AL., AND/OR SUCCESSOR IN OFFICE; FLORIDA DEPARTMENT OF CORRECTIONS; M. RATHMANN, ET AL., RESPONDENTS
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Rayvon Boatman sought a writ of prohibition to disqualify a circuit judge in a pending civil action. The court denied the petition as facially insufficient and imposed sanctions on Boatman due to his pattern of serial, non-compliant filings across 48 cases since 1997.
The petition for writ of prohibition was denied as facially insufficient. Sanctions were imposed on Boatman, requiring him to secure a Florida Bar member's notice of appearance in any active case pending before the appellate court within ten days, or face dismissal of those cases. The court further directed its clerk to accept no further pro se filings from Boatman.
[1] A court may impose sanctions against a party who repeatedly fails to comply with court rules and orders.
[2] A court may order a party to secure counsel in active cases pending before the court.
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Join FLexlaw to unlock all legal intelligence“The vast majority of those cases were dismissed without a disposition on the merits due to Boatman's failure to timely comply with the Florida Rules of Appellate Procedure, orders of this court, or both.”
Establishes the pattern of non-compliance underlying the sanctions decision
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Join FLexlaw to unlock all legal intelligenceBoatman had appeared as appellant or petitioner in at least 48 cases since 1997. The vast majority of those cases were dismissed without a disposition…
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PER CURIAM.
In the petition for writ of prohibition filed in this case number, Rayvon Boatman sought an order of this court disqualifying the circuit judge who is presiding over a civil action pending in the lower tribunal. The petition was found to be facially insufficient and was denied without comment on September 25, 2006. At the same time, an order was issued which directed Boatman to show cause why sanctions should not be imposed against him. This order noted that Boatman had appeared in this court as appellant or petitioner in at least 48 cases since 1997. The vast majority of those cases were dismissed without a disposition on the merits due to Boatman’s failure to timely comply with the Florida Rules of Appellate Procedure, orders of this court, or both. This court has considered the response of petitioner to the order to show cause but finds that it fails to demonstrate why a sanction is not appropriate.
We therefore find that the imposition of a sanction against Rayvon Boatman is appropriate. See Martin v. State, 833 So. 2d 756 (Fla.2002); Lee v. Fla. Dep’t of Corr., 873 So. 2d 489 (Fla. 1st DCA 2004); Attwood v. Eighth Circuit Court, Union County, 667 So. 2d 356 (Fla. 1st DCA 1995); Peterson v. State, 530 So. 2d 424 (Fla. 1st DCA 1988). It is hereby ordered that Rayvon Boatman shall secure the filing of a notice of appearance by a member in good standing of the Florida Bar in any active case now pending before this court in which he appears as appellant or petitioner within ten days of date of this order, failing which such cases shall be dismissed. Further, the clerk of this court is directed to accept no further pro se filings from Boatman; if received, they shall be returned to him without filing and with a reference to this order. IT IS SO ORDERED.
ERVIN, POLSTON, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McQUEEN v. State, 990 So. 2d 1131 (Fla. 1st DCA 2008)…ubmitted by Alonzo M. McQueen which are related to his judgments and sentences in the Circuit Court for Duval County, unless signed by a member in good standing of The Florida Bar. See Tate v. McNeil, 983 So. 2d 502 (Fla.2008); Boatman v. McDonough, 973 So. 2d 1159 (Fla. 1st DCA 2006); Lee v. Florida Dep’t of Corr., 873 So. 2d 489 (Fla. 1st DCA 2004). PETITION FOR WRIT OF MANDAMUS DENIED; SANCTION IMPOSED. WOLF, THOMAS, and ROBERTS, JJ., concur.…
Authorities Cited
- Attwood v. Eighth Cir. Court, 667 So. 2d 356 (Fla. 1st DCA 1995)
- Peterson v. State, 530 So. 2d 424 (Fla. 1st DCA 1988)
- Martin v. State, 833 So. 2d 756 (Fla. 2002)
- LEE v. Fla. Dep't OF Corr., 873 So. 2d 489 (Fla. 1st DCA 2004)