ANTHONY J. STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In the circuit court, the state’s response to a pro se emergency petition for writ of habeas corpus included a request for the issuance of an order prohibiting appellant from filing any further pro se pleadings in the case, pursuant to State v. Spencer, 751 So.2d 47 (Fla.1999). Ultimately, the circuit court granted the state’s motion for a Spencer order. Appellant failed to respond to an order to show cause on the Spencer issue because he did not receive it; he established this fact through a prison log of mail received at the relevant time. As the state concedes, Spencer requires notice and a reasonable opportunity to respond before a Spencer order issues. We reverse the Spencer order and remand to the circuit court where appellant shall be given an opportunity to be heard on the Spencer issue.
GROSS, C.J., MAY and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Massaro v. State, 244 So. 3d 333 (Fla. 4th DCA 2018)
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Wiley v. State (Fla. 4th DCA 2019)…der prohibiting Wiley from any further pro se filing because, as the State concedes, the court failed to give Wiley notice and an opportunity to - 3 - respond as required by State v. Spencer, 751 So. 2d 47 (Fla. 1999). See, e.g., Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011); Epps v. State, 941 So. 2d 1206 (Fla. 4th DCA 2006). Reversed and remanded. GROSS, TAYLOR and CIKLIN, JJ., concur.…
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Mortimer v. State (Fla. 4th DCA 2026)
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)