LA-CASSE
v.
STATE

Fla. 3d DCA | 2019-02-06
No. 18-2528
Gerald Mann
271 So. 3d 67 Florida District Court of Appeal, Third District (2019) Positive Treatment
Cited by 1 case

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Synopsis

Luis La-Casse petitioned for a writ of certiorari challenging trial court orders precluding him from filing pro se pleadings without a Florida Bar member's certificate of merit. This case marks the third appellate review of essentially the same orders following two prior reversals and remands for procedural deficiencies. The appellate court affirmed the trial court's orders after reviewing the trial judge's thorough reconsideration of La-Casse's responses to the show cause order.


Holding

The appellate court affirmed the trial court's orders precluding pro se filings without a certificate of merit. The trial court's thorough and reasoned orders were supported by the record and did not constitute a departure from the essential requirements of law.


Headnotes

[1] After remand from appellate court, a successor trial judge may impose restrictions on pro se filings when the judge conducts a thorough review of the record and the party…

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Facts & Procedural History

A trial court issued orders on November 8 and November 14, 2018, prohibiting La-Casse from filing petitions or motions without a certificate of merit …

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Opinion of the Court

In two previous decisions, this court found procedural deficiencies in the process leading up to the trial court’s orders precluding Luis La-Casse from filing any further pro se pleadings in lower court case number F04-29879. See La-Casse v. State, 255 So. 3d 507 (Fla. 3d DCA 2018) and La-Casse v. State, 223 So. 3d 1129 (Fla. 3d DCA 2017). In each of those previous decisions, this court reversed and remanded, ultimately directing the trial court to consider La-Casse’s responses to the order to show cause and thereafter to enter an appropriate order either permitting or precluding further pro se filings by La-Casse.

Upon remand, a successor trial judge was assigned to this cause. The successor judge conducted a thorough review of the record, including all of La-Casse’s responses to the show cause order, and issued an order on November 8, 2018 (and a supplemental order on November 14, 2018) precluding further pro se filings.1 La-Casse has now filed a petition seeking this court’s issuance of a writ of certiorari, asserting that the trial court departed from the essential requirements of the law in entering the November 8 and November 14 orders prohibiting La-Casse “from filing any petitions and/or motions, unless accompanied by a certificate of 1 The supplemental order was necessitated by La-Casse’s filing of a supplemental response to the show cause order. La-Casse’s supplemental response was docketed with the clerk on November 7, 2018, but the trial court was unaware of this pleading until after it entered its November 8, 2018 order. Once the trial court was made aware of this supplemental response, the trial court considered the merits of the supplemental response and thereafter entered its supplemental order on November 14, 2018.

merit signed by a member in good standing of the Florida Bar.” La-Casse further contends that the entry of these orders constitutes irreparable harm, resulting in a manifest injustice that must be corrected.

We treat La-Casse’s petition as a direct appeal from the trial court’s orders of November 8 and November 14, rather than a petition for writ of certiorari. Having reviewed the thoughtful and thorough orders of the trial court, as well as the record below, which amply support the trial court’s determinations, we affirm.


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