ANTONIO JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-09-28
No. 3D10-67
Before RAMIREZ, SUAREZ and ROTHENBERG, JJ.
Florida District Court of Appeal, Third District (2011)

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Holding

The court denied the motion to enforce mandate and issued an order to show cause why the appellant should not be prohibited from filing further pro se pleadings and sanctioned.


Headnotes

[1] A court may issue an order to show cause why a party should not be prohibited from filing further pro se pleadings and sanctioned for filing numerous, repetitious, mislea…

[2] A motion to enforce a mandate will be denied if the court issued no such mandate.

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Facts & Procedural History

Antonio Johnson, serving a life sentence, filed a motion requesting the court to enforce a mandate that the court states it never issued. Johnson is d…

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Opinion of the Court
ROTHENBERG, J.

*10ROTHENBERG, J.

On Motion to Enforce Mandate

Antonio Johnson, who is serving a life sentence, and a “frequent flyer” with extensive mileage in this Court and the circuit court, filed the instant motion requesting this Court to enforce its August 4, 2010 mandate “vacating the trial court’s order and ... reversing] with directions to re-sentence Appellant de novo or hold an evidentiary hearing.” Because this Court issued no such mandate, we deny Johnson’s motion, and in light of the numerous, repetitious, misleading, , and frivolous pleadings Johnson has filed with this Court, we issue the following order to show cause.

The appellant, Antonio Johnson, is ordered to show cause within thirty (30) days: (1) why he should not be prohibited from filing further pro se pleadings with this Court concerning his July 16, 1998 conviction for armed robbery in case number 97-32329, see Johnson v. State, 744 So.2d 557 (Fla. 3d DCA 1999), and (2) why this Court should not sanction appellant pursuant to sections 944,279 and 944.28(2)(a) of the Florida Statutes (2010).1

Denied; show cause order issued.


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