ARTHUR W. FOLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-10-01
Nos. 3D14-1023, 3D14-0627
Before SUAREZ, EMAS and SCALES, JJ.
151 So. 3d 493 Florida District Court of Appeal, Third District (2014)

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Synopsis

Arthur Foley appealed a trial court order imposing sanctions and restricting his pro se filings. The appellate court dismissed the appeal for failure to file an initial brief and issued a show cause order regarding whether to prohibit Foley from filing further pro se appeals in the underlying case.


Holding

The court dismissed Foley's appeal for failure to timely file an initial brief. The court also issued a show cause order requiring Foley to respond within twenty days regarding why he should not be prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to the underlying case number.


Headnotes

[1] An appeal may be dismissed for failure to file an initial brief by the court-ordered deadline.

[2] A court may order a party to show cause why they should not be prohibited from filing further pro se appeals, pleadings, motions, or petitions.

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Key Quotes

“Order Recommending Sanctions and Directions to the Clerk of the Eleventh Judicial Circuit Court”

The trial court order appealed from, which recommended sanctions for abuse of judicial process and restricted Foley's pro se filings.

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Facts & Procedural History

Foley filed a Notice of Appeal from an April 17, 2014 trial court order recommending sanctions against him for abusing the judicial process and direct…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On May 5, 2014, in Case Number 3D14-1023, Arthur W. Foley, filed a Notice of Appeal from the trial court’s April 17, 2014, “Order Recommending Sanctions and Directions to the Clerk of the Eleventh Judicial Circuit Court,” wherein the *494trial court recommended that Foley be sanctioned for abusing the judicial process and directed the Clerk of the Eleventh Judicial Circuit not to accept any further filings from Foley unless signed by an attorney duly licensed to practice law in Florida.

On July 10, 2014, we consolidated Case Number 3D14-06271 with the instant case, 3D14-1023, and ordered Foley to file his initial brief within twenty days of the date of that order, i.e., by July 30, 2014, limited only to arguments directed in Case Number 3D14-1023.

Having filed no initial brief by July 30, this court, on August 20, 2014, ordered Foley to show cause within ten days why the appeal in Case Number 3D14-1023 should not be dismissed for failure to file an initial brief. To date, Foley has not filed an initial brief.

Therefore, we dismiss the appeal in Case Number 3D14-1023. We further allow Foley twenty days from the date of this opinion to respond to this court’s previous May 28, 2014, show cause order as to why he should not be prohibited from filing any further pro se appeals, pleadings, motion, or petitions relating to lower tribunal number 99-37608. No further extensions shall be granted.2

Appeal dismissed; show cause order issued.


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