FRED MASSARO
v.
STATE OF FLORIDA
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A trial court may not enter a blanket order prohibiting a defendant from filing pro se pleadings without providing notice and an opportunity to be heard.
[1] A trial court must provide notice and an opportunity to be heard before entering an order restricting a pro se litigant's right to file pleadings.
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Join FLexlaw to unlock all legal intelligenceFred Massaro appealed a trial court order denying his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. The trial cou…
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PER CURIAM.
We affirm the denial of appellant’s Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence, but we reverse the portion of the order prohibiting appellant from filing any further pro se pleadings. The trial court did not give appellant notice or an opportunity to respond before entering the order. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); Jones v. State, 221 So. 3d 786 (Fla. 1st DCA 2017); Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011); Hines v. State, 949 So. 2d 1086, 1087 (Fla. 4th DCA 2007).
Affirmed in part; reversed in part; remanded. GROSS, TAYLOR and CONNER, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Shedrich Hines v. State, 949 So. 2d 1086 (Fla. 4th DCA 2007)
- Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011)
- Edwards v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011)
- Kevyn L. Terry v. State, 221 So. 3d 786 (Fla. 1st DCA 2017)
- Jones v. State, 221 So. 3d 786 (Fla. 1st DCA 2017)