ROBERT M. FOX, JR., PETITIONER,
v.
SAM JOHNSON, CHAIRMAN POLK COUNTY COMMISSIONERS; GRADY JUDD, SHERIFF OF POLK COUNTY; POLK COUNTY SHERIFF'S OFFICE; AND POLK COUNTY COMMISSIONERS, RESPONDENTS
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The Florida District Court of Appeal, Second District, imposed restrictions on pro se filings by Robert M. Fox, Jr., a serial litigant who had initiated numerous frivolous proceedings in the court system. The court directed its clerk to reject future appeals and original proceedings filed by Fox related to specific criminal cases unless signed by a licensed Florida attorney.
The court directed the clerk to place in an inactive file any notices of appeal and original proceedings filed by Fox related to the specified Polk County criminal cases, unless the filing is signed by a member in good standing of The Florida Bar.
[1] A court may direct its clerk to reject filings by a party who has initiated numerous frivolous proceedings, unless the filing is submitted by a member in good standing of…
[2] A party's failure to respond to an order to show cause may result in the court taking adverse action against their future filings.
Previewing 2 of 3 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“we denied Mr. Fox's petition and noted that he has initiated numerous proceedings with this court, none of which have merited relief”
Establishes Fox's pattern of frivolous litigation with no successful outcomes
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Join FLexlaw to unlock all legal intelligenceRobert M. Fox, Jr. has initiated sixteen proceedings in the Second District Court of Appeal, including seven appeals of summary denials of Rule 3.800(…
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ORDER RESTRICTING PETITIONER FROM FUTURE PRO SE FILINGS
Robert M. Fox, Jr., petitioned this court for a writ of certiorari. By prior opinion, Fox v. Johnson, 141 So.3d 709 (Fla. 2d DCA 2014), we denied Mr. Fox’s petition and noted that he has initiated numerous proceedings with this, court, none of which have merited relief. Id. at 710 n. 1. By *140subsequent order dated September 4, 2014, we explained that Mr. Fox has initiated sixteen proceedings in this court, including a multitude of pleadings within those proceedings.
In addition to the current petition for writ of certiorari, Mr. Fox has initiated seven appeals of the summary denials of motions to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a): three petitions for writ of prohibition, two petitions for writ of habeas corpus, an appeal from the summary denial of a motion for postconviction relief filed under rule 3.850, a petition for writ of mandamus, and an appeal of a circuit court order imposing sanctions and prohibiting Mr. Fox from filing any further pleadings without the assistance of counsel. Mr. Fox has also initiated at least two proceedings with the First District Court of Appeal that merited no relief. See Fox v. Fla. Dep’t of Corr., 136 So.3d 1217 (Fla. 1st DCA 2014) (denying petition for writ of certiorari on the merits in case number 1D13-4006); Fox v. Fla. Dep’t of Corr., 133 So.3d 932 (Fla. 1st DCA 2013) (denying petition for writ of certiorari on the merits in case number 1D13-2603).
Consequently, we directed Mr. Fox to show cause why this court should not direct the clerk of court to reject all appeals and original proceedings filed in this court related to his criminal charges in Polk County Circuit Court Case Numbers CF93-4441A1-XX and CF94-3348A1-XX, unless the filing is submitted by a member in good standing of The Florida Bar. See State v. Spencer, 751 So.2d 47 (Fla.1999). Mr. Fox failed to respond to our order.
Accordingly, we direct the clerk of this court to place in an inactive file any notices of appeal and original proceedings filed by Mr. Fox related to Polk County Circuit Court Case Numbers CF93-4441A1-XX and CF94-3348A1-XX, unless the filing is signed by a member in good standing of The Florida Bar. See id. at 48-49.
ALTENBERND, KELLY, and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MC GEE v. State (Fla. 2d DCA 2021)…rect the clerk of this court to place in an inactive file any notices of appeal or petitions related to circuit court case number 07-CF-1726 unless the filing is signed by a member in good standing of The Florida Bar. See id. at 49; Fox v. Johnson, 162 So. 3d 139, 140 (Fla. 2d DCA 2014). BLACK, ROTHSTEIN-YOUAKIM, and ATKINSON, JJ., Concur. 1This court affirmed McGee's judgment and sentence in case 2D08-4527. See McGee v. State, 29 So. 3d 1127 (Fla. 2d DCA 2010) (table decision).…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- FOX v. Johnson, 141 So. 3d 709 (Fla. 2d DCA 2014)