NATHANIEL BROWN, APPELLANT,
v.
JULIE L. JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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The Florida District Court of Appeal, First District affirmed a circuit court's denial of a petition for writ of mandamus and, given the appellant's extensive history of frivolous litigation, imposed additional sanctions requiring all future filings to be signed by a member of the Florida Bar rather than filed pro se.
The court affirmed the circuit court's denial of the mandamus petition and imposed additional sanctions requiring all future filings by Brown to be signed by a member in good standing with The Florida Bar, prohibiting him from filing pro se.
[1] A court may impose sanctions on a party who has a history of filing frivolous litigation and whose filings demonstrate a pattern of abusing the court process.
[2] A party's civil litigation and appeals may be considered together with their criminal appeals and postconviction filings when determining whether their filings constitute…
Previewing 2 of 4 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“strong inference that unless he is stopped, [he] will continue filing nonmeritorious requests for relief in this Court.”
Establishes the court's basis for finding continued abuse of process and justifying sanctions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNathaniel Brown, who has a litigious history in the appellate court, appealed a final order denying his petition for writ of mandamus against the Flor…
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ORDER IMPOSING SANCTIONS
Nathaniel Brown appealed the final order denying his petition for writ of mandamus, entered on September 9, 2016, by the circuit court in Brown v. Florida Department of Corrections, Case No. 2016 CA 000708 (2d Cir., Leon Cnty.). In Brown v. Jones, — So.3d -, 42 Fla. L. Weekly D1300, 2017 WL 2438337 (Fla. 1st DCA June 6, 2017), we affirmed the circuit court’s order. In light of Mr. Brown’s litigious history in this Court, the previous sanctions imposed by Brown v. State, 35 So.3d 72 (Fla. 1st DCA 2010), and the warning regarding his subsequent litigation in Brown v. State, 186 So.3d 625 (Fla. 1st DCA 2016), we retained jurisdiction to pursue any additional sanctions against him pursuant to rule 9.410, Florida Rules of Appellate Procedure and section 944.279, Florida Statutes. See Steele v. State, 998 So.2d 1146 (Fla. 2008); Walker v. Fla. Parole Comm’n, 70 So.3d 665 (Fla. 1st DCA 2011).
Upon this Court’s order to show causé why additional sanctions should not be imposed, Mr. Brown responded that his civil litigation and appeals should not be considered together with his criminal appeals and postconviction filings in the analysis of whether his filings were so frivolous and numerous that they amounted to abuse of the court process. This response does nothing to refute the “‘strong inference that unless he is stopped, [he] will continue filing nonmeritorious requests for relief in this Court.’ ” Johnson v. Rundle, 59 So.3d 1080, 1082 (Fla. 2011) (quoting Pettway v. McNeil, 987 So.2d 20, 22 (Fla. 2008)); see also Williams v. Crews, 136 So.3d 1119 (Fla. 2014).
Accordingly, in addition to the sanctions already imposed upon Mr, Brown’s ability to challenge his convictions and sentences pro se, we hereby direct the Clerk to reject for filing any further appeals, petitions, motions, documents, or other papers unless such filings are signed by a member in good standing with The Florida Bar. See Martin v. State, 833 So.2d 756 (Fla. 2002); Jackson v. Fla. Dep’t of Corr., 790 So.2d 398 (Fla. 2001). Mr. Brown is again warned that violation of this order could result in referral to the Department of *1285Corrections for sanctions under section 944.279, Florida Statutes.
It is so ordered.
WOLF, RAY, and BILBREY, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. Bondi, 240 So. 3d 902 (Fla. 1st DCA 2018)
Authorities Cited
- Pettway v. McNEIL, 987 So. 2d 20 (Fla. 2008)
- Jackson v. Fla. Dep't OF Corr., 790 So. 2d 398 (Fla. 2001)
- Johnson v. Rundle, 59 So. 3d 1080 (Fla. 2011)
- Martin v. State, 833 So. 2d 756 (Fla. 2002)
- Brown v. State, 35 So. 3d 72 (Fla. 1st DCA 2010)
- Walker v. Fla. Parole Comm'n, 70 So. 3d 665 (Fla. 1st DCA 2011)
- Brown v. State, 186 So. 3d 625 (Fla. 1st DCA 2016)
- Williams v. Crews, 136 So. 3d 1119 (Fla. 2014)