TYRONE L. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court barred appellant from future pro se filings in this Court regarding his conviction after repeated frivolous postconviction motions constituted abuse of process.
A party may be barred from future pro se filings in a court when repeated frivolous attacks on a judgment and sentence constitute an abuse of the legal process.
[1] A party may be barred from future pro se filings when repeated frivolous attacks on a judgment constitute an abuse of the legal process.
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Join FLexlaw to unlock all legal intelligenceAppellant Smith filed at least three previous postconviction motions in the First District Court of Appeal challenging his judgment and sentence in a …
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This Court previously affirmed the summary denial of Appellant’s postconviction motion brought pursuant to , Florida Rule of Criminal Procedure 3.850, lout retained jurisdiction for consideration of the imposition of sanctions.
Appellant has failed to obtain relief in at least, three previous cases he filed in this Court to challenge his judgment and, sentence in Duval County Circuit Court pase number 2003-CF-8206. All three prior *1237postconviction motions were meritless or procedurally barred, as is the instant motion. Accordingly, we ordered Appellant to show cause why he should not be prohibited from future pro se filings challenging this judgment and sentence. See State v. Spencer, 751 So.2d 47, 48 (Fla. 1999). Appellant’s response does not provide a legal basis to prohibit the imposition of sanctions.
Therefore, because Appellant’s repeated frivolous attacks on his judgment and sentence have become an abuse of the legal process, we hold that he is barred from future pro se filings in this Court concerning Duval County Circuit Court ease number 2003-CF-8206. The Clerk of the Court is directed to not accept any future filings concerning this case unless they are filed by a member in good standing with The Florida Bar.
WETHERELL, RAY, and MAKAR, JJ., CONCUR.