HERBERT L. GHENT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of a motion for postconviction relief but reversed a provision that would sanction the appellant for future filings. The court found the lower court failed to provide proper notice and an opportunity to respond before imposing sanctions for repeated filings.
Yes, the court erred. While the denial of the motion for postconviction relief is affirmed, the provision imposing sanctions for future filings is reversed because the lower court failed to provide the required notice and opportunity to respond.
[1] A court must provide a party with notice and an opportunity to respond before restricting their future pro se filings.
[2] A court may not impose sanctions for abuse of the right of access to the courts without first providing notice and an opportunity to respond.
Previewing 2 of 4 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“Before restricting a party from further pro se filings, courts must provide the party with notice and an opportunity to respond to the charge that he has abused his right of access to the courts.”
Establishes the procedural requirement for imposing sanctions on pro se litigants.
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Join FLexlaw to unlock all legal intelligenceHerbert L. Ghent filed a motion for postconviction relief, which was denied. The lower court also included a provision in its order stating that Ghent…
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Herbert L. Ghent appeals the order denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of his motion; however, we reverse the provision in the order declaring that Ghent will be sanctioned if he files another motion challenging his sentences.
Before filing the current motion, Ghent had unsuccessfully raised the same claim of illegal sentences in at least three earlier rule 3.800(a) motions. Consequently, when the postconviction court denied this motion, it included in its order a provision indicating it would impose sanctions, including the forfeiture of gain time, if Mr. Ghent filed any further pro se challenges to his sentences. Before restricting a party from further pro se filings, courts must provide the party with notice and an opportunity to respond to the charge that he has abused his right of access to the courts. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (recognizing the potential for abuse of the right to pro se access to the courts but declaring “it is important for courts to first provide notice and an oppor*1251tunity to respond before preventing that litigant from bringing further attacks on his or her conviction and sentence”); Butler v. State, 953 So.2d 12, 13 (Fla. 5th DCA 2007) (requiring a Spencer order before barring either future pro se pleadings or imposing other sanctions). Because the postconviction court failed to follow the proper procedure, we reverse the portion of the order prohibiting Ghent from filing future pro se attacks on his sentences. On remand, the circuit court may issue a revised order giving Ghent both notice and an opportunity to respond prior to imposing any sanction. The court should, in any such order, “delineate, in detail, the facts upon which the trial court intends to rely to forbid future filings.” See Jordan v. State, 760 So.2d 973, 974 (Fla. 2d DCA 2000).
Affirmed in part; reversed in part; remanded.
SILBERMAN, KELLY, and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Exum Walker v. State, 760 So. 2d 973 (Fla. 5th DCA 2000)
- Abram Jordan v. State, 760 So. 2d 973 (Fla. 2d DCA 2000)
- Sanford Paul Butler v. State, 953 So. 2d 12 (Fla. 5th DCA 2007)