CHARLES J. EATO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal imposed sanctions on a habitual pro se litigant who had filed sixteen appeals since 2005, most of which were frivolous or untimely post-conviction motions. The court prohibited Eato from filing further pro se pleadings related to his convictions unless reviewed and signed by a licensed Florida Bar attorney, and warned that unauthorized filings would result in sanctions including potential disciplinary action by the Department of Corrections.
The court may sanction a party for repetitious and frivolous pleadings by preventing further pro se filings, requiring that any future filings be reviewed and signed by a licensed Florida Bar attorney. Unauthorized pro se filings following such an order are subject to sanctions, including written findings forwarded to the Department of Corrections for potential disciplinary action.
[1] A party abuses the right to pro se access by filing repetitious and frivolous pleadings, thereby diminishing the ability of the courts to devote their finite resources to…
[2] After an order to show cause and the opportunity to answer, a court may sanction a party for repetitious and frivolous pleadings by preventing further filings from that p…
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Join FLexlaw to unlock all legal intelligence“[A]ny citizen, including a citizen attacking his or her conviction, abuses the right to pro se access by filing repetitious and frivolous pleadings, thereby diminishing the ability of the courts to devote their finite resources to the consideration of legitimate claims.”
Establishes the legal standard for when pro se litigants abuse their right to access the courts through frivolous filings.
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Join FLexlaw to unlock all legal intelligenceCharles Eato has filed sixteen appeals with the Third District Court of Appeal since 2005, the majority stemming from successive, untimely, and frivol…
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Appellant, Charles Eato, has filed sixteen appeals with this court since 2005.1 The majority of these appeals stem from successive, untimely, and frivolous motions for post-conviction relief in the trial court. Consequently on June 23, 2014, this court issued an order to show cause why Eato should not be prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his convictions, judgments, and sentences in case numbers 03-2288, 03-2288A, 03-2289, and 03-2289A. Charles Eato responds by accusing this court of intentionally disregarding the law to deny him the ability to seek justice, despite the sixteen, often frivolous, appeals he has been allowed to file on his own behalf.
“[A]ny citizen, including a citizen attacking his or her conviction, abuses the right to pro se access by filing repetitious and frivolous pleadings, thereby diminishing the ability of the courts to devote their finite resources to the consideration of legitimate claims.” State v. Spencer, 751 So.2d 47, 48 (Fla.1999). After an order to show cause and the opportunity to answer, a court may sanction a party for repetitious and frivolous pleadings by preventing further filings from that party. Id.
Upon consideration of the response to the order to show cause, we find that Eato has failed to demonstrate good cause for his actions. Based on Eato’s repeated attempts to abuse the justice system with frivolous appeals, it is hereby ordered that the Clerk of the Third District Court of Appeal will refuse to accept any further filings relating to case numbers 03-2288, 03-2288A, 03-2289, and 03-2289A *406unless they have been reviewed and signed by an attorney who is a licensed member of the Florida Bar in good standing. Any such further and unauthorized pro se filings by Eato will subject him to sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for consideration by it of disciplinary action, including the forfeiture of gain time. See 944.279(1), Fla. Stat. (2013).