CHARLIE BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida First District Court of Appeal imposed sanctions against Charlie Brown, Jr. for excessive frivolous filings, requiring him to obtain Florida Bar counsel for future appeals and prohibiting the court clerk from accepting further pro se filings from him.
Sanctions are warranted. The appellant must secure the filing of a notice of appearance by a Florida Bar member for any active case in which he appears as appellant or petitioner, with failure to do so within 20 days resulting in dismissal of such proceedings. The court clerk is directed to reject all further pro se filings from the appellant.
[1] A court may impose sanctions against a party for excessive filings that require substantial expenditure of judicial and staff resources and interfere with the timely admi…
[2] A party's response to a motion for sanctions must demonstrate why the proposed sanction should not be imposed.
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“Since that reversal, Brown has initiated 21 other challenges by appeal or original proceedings without meaningful result.”
Establishes the pattern of excessive filings that justified sanctions.
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Join FLexlaw to unlock all legal intelligenceBrown was resentenced in 1995 after this court reversed summary denial of postconviction relief. Since that 1995 reversal, Brown has initiated 21 othe…
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ORDER IMPOSING SANCTIONS
Appellee, State of Florida, moves for the imposition of sanctions against appellant, *64Charlie Brown, Jr., for excessive filings. Having now considered that motion and appellant’s response thereto, we agree that such sanctions are warranted. Although Brown was resenteneed in 1995 after this court reversed summary denial of postcon-viction relief, see Brown v. State, 662 So.2d 1356 (Fla. 1st DCA 1995), he has continued his collateral attacks on his conviction and sentence in both this court and others. Since that reversal, Brown has initiated 21 other challenges by appeal or original proceedings without meaningful result. We conclude that his filings in this court have required substantial expenditure of judicial and staff resources and interfered with the timely administration of justice in this tribunal. Appellant’s response fails to demonstrate why the proposed sanction should not be imposed. See Martin v. State, 833 So.2d 756 (Fla.2002); 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 accordingly ordered that Charlie Brown, Jr., shall secure the filing of a notice of appearance by a member in good standing of The Florida Bar in any active case other than this one in which he appears as appellant or petitioner. Failure to obtain such representation within 20 days of the date of this order will result in dismissal of such proceedings. Further, the clerk of this court is directed to accept no further pro se filings from Brown; if received, they shall be returned to him without filing and with a reference to this order.
IT IS SO ORDERED.
DAVIS, BROWNING, and THOMAS, JJ., concur.
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Citator
Cited By
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Schmidt v. State, 41 So. 3d 427 (Fla. 1st DCA 2010)…t or petitioner approximately forty-six times since 1994. We conclude that Appellant’s excessive filings in this court substantially interfere with the administration of justice and we elect to impose sanctions against Appellant. See Brown v. State, 27 So. 3d 63 (Fla. 1st DCA 2009); Attwood v. Eighth Circuit Court, 667 So. 2d 356 (Fla. 1st DCA 1995). Accordingly, it is hereby ordered that Daniel K. Schmidt shall secure the filing of a notice of appearance by a member in good standing of The Florida Bar in a…
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)
- Brown v. State, 662 So. 2d 1356 (Fla. 1st DCA 1995)