THE FLORIDA BAR, COMPLAINANT,
v.
DAVID FRANK PETRANO, RESPONDENT

Fla. | 2014-12-18
No. SC13-2004
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
153 So. 3d 894 Florida Supreme Court (2014) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court sanctioned attorney David Frank Petrano by restricting his pro se filings after finding he engaged in vexatious conduct through repetitive, frivolous filings that abused the court's limited resources and the bar disciplinary process. The court ordered that Petrano may file future pleadings only if signed by another member of The Florida Bar in good standing.


Holding

The Court found that Petrano engaged in vexatious conduct as defined by Rule Regulating the Florida Bar 3-7.17, and sanctioned him by prohibiting the Clerk from accepting any future pleadings, petitions, motions, documents, or other filings submitted by Petrano unless they are signed solely by a member in good standing of The Florida Bar other than Petrano.


Headnotes

[1] Courts possess inherent authority to sanction litigants who abuse the legal system by filing frivolous or repetitive documents.

[2] Filing numerous meritless documents after a case is final constitutes an abuse of the legal system.

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Key Quotes

“Vexatious conduct is conduct that amounts to abuse of the bar disciplinary process by use of inappropriate, repetitive, or frivolous actions or communications of any kind directed at or concerning any participant or agency in the bar disciplinary process”

Establishes the legal definition of vexatious conduct under which Petrano was sanctioned

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Facts & Procedural History

Petrano was the subject of a disciplinary proceeding before the Florida Supreme Court. He filed over 120 pleadings in one mandamus petition alone, wit…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This case came before the Court on The Florida Bar’s petition for interim probation of respondent David Frank Petrano.1 The Bar asserted facts and presented an affidavit that clearly and convincingly, established that restrictions on respondent’s privilege to practice law are necessary for the protection of the public. After considering filings by the Bar and Petrano, the Court issued an order imposing interim probation with restrictions on Petrano. See Fla. Bar v. Petrano, SC13-2004, 2013 WL 6063506 (Fla. Nov. 12, 2013). Due to Petrano’s constant abusive filings in the Court regarding this ongoing case and other cases, the Court issued an order on June 9, 2014, directing Petrano to show cause

why this Court should not find that you have abused the legal system process and impose upon you a sanction for abusing the legal system, including, but not limited to directing the Clerk of this Court to reject for filing any future pleadings, petitions, motions, letters, documents, or other filings submitted to this Court by you unless signed by a member of The Florida Bar other than yourself.

Fla. Bar v. Petrano, SC13-2004 (Fla. Jun. 9, 2014); R. Regulating Fla. Bar 3-7.17 (Vexatious Conduct and Limitation on Filings); see also Fla. R.App. P. 9.410(a) (Sanctions; Court’s Motion); State v. Spencer, 751 So.2d 47, 48 (Fla.1999) (stating that a court must first provide notice and an opportunity to respond before sanctioning a litigant and prohibiting litigant from future pro se filings). Petrano has filed a response to the Court’s order to show cause. He argues that all of his filings and proceedings were presented in good faith and that he is sincerely remorseful. However, in the response he resumes making the same meritless arguments that he has presented to this Court *895numerous times.2 After considering Pe-trano’s response, we conclude that it fails to show cause why sanctions should not be imposed. We find that respondent has engaged in vexatious conduct. See R. Regulating Fla. Bar 3-7.17 (“Vexatious conduct is conduct that amounts to abuse of the bar disciplinary process by use of inappropriate, repetitive, or frivolous actions or communications of any kind directed at or concerning any participant or agency in the bar disciplinary process such as the complainant, the respondent, a grievance committee member, the griev-anee committee, the bar, the referee, or the Supreme Court of Florida, or an agent, servant, employee, or representative of these individuals or agencies.”).

This Court has chosen to sanction pro se respondents who have abused the judicial process and otherwise misused this Court’s limited judicial resources by filing frivolous, nonmeritorious, or otherwise inappropriate filings. Such respondents have been barred from further filings in this Court unless their pleadings, motions, or other requests for relief were filed under *896the signature of a member of The Florida Bar in good standing other than the respondents. The Court has found that limitations on the abilities of such respondents to submit any further filings in this Court were necessary to protect the constitutional right of access of other litigants, in that it permitted this Court to devote its finite resources to the consideration of legitimate claims filed by others. See Fla. Bar v. Kivisto, 62 So.3d 1137, 1139 (Fla.2011); Fla. Bar v. Thompson, 979 So.2d 917, 918 (Fla.2008); see also In re McDonald, 489 U.S. 180, 184, 109 S.Ct. 993, 103 L.Ed.2d 158 (1989) (noting that “[e]very paper filed with the Clerk of this Court, no matter how repetitious or frivolous, requires some portion of the institution’s limited resources”).

Accordingly, the Clerk of this Court is hereby instructed to reject any future pleadings, petitions, motions, documents, or other filings submitted by David Frank Petrano unless such filings are signed solely by a member in good standing of The Florida Bar other than Petrano. R. Regulating Fla. Bar 3-7.17(d). Counsel may file on Petrano’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.


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Citator

Cited By

  • Gaffney v. Baumann (Fla. 2025)
    …d comparable sanctions on other litigants whose pro se filing practices have exhibited their disregard for abusing the scarce judicial resources of this Court. See, e.g., Rivas v. Bank of N.Y. Mellon, 239 So. 3d 614 (Fla. 2018); Fla. Bar v. Petrano, 153 So. 3d 894 (Fla. 2014); Steele v. State, 14 So. 3d 221 (Fla. 2009); Pettway v. McNeil, 987 So. 2d 20 (Fla. 2008); Sibley v. Fla. Jud. Qualifications Comm’n, 973 So. 2d 425 (Fla. 2006). - 3 - ---PAGE 3---…
  • Petrano v. Hall (M.D. Fla. 2023)
    …s” and filed motions that were “devoid of merit, frivolous, and retaliatory and vexatious in nature”); see also The Florida Bar v. Petrano, SC14-2287, 2016 WL 715009, at *1 (Fla. Feb. 23, 2016) (disbarring David Petrano); The Florida Bar v. Petrano, 153 So. 3d 894, 894 (Fla. 2014) (noting David Petrano’s “abusive filings in the Court regarding this ongoing case and other cases”). Pinellas Cty., No. 8:18-cv-2534-T-36CPT, 2020 WL 1332148, at *2 (M.D. Fla. Mar. 23, 2020); In re Vega, 503 B.R. 144, 147 n.11 (Bank…

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