DAVID CHARLES SUSSMAN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2025-08-15
No. 2024-3343
Blackburn, J., Wallis, J., Lambert, J., Kilbane, J.
2025 FL 7083 Florida District Court of Appeal, Fifth District (2025)

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Holding

The court affirmed the denial of postconviction motions and warned that continued frivolous pro se filings may result in sanctions including a bar on future pro se filings.


Headnotes

[1] A court may impose sanctions, including a bar on pro se filing, against a litigant who engages in abusive, repetitive, malicious, or frivolous filings.

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Facts & Procedural History

David Charles Sussman, proceeding pro se, appealed an order denying his postconviction motions in a case originating from Volusia County Circuit Court…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-3343 LT Case No. 2001-36686-CFAES _____________________________ DAVID CHARLES SUSSMAN, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ 3.850 Appeal from the Circuit Court for Volusia County. Elizabeth Ann Blackburn, Judge. David Charles Sussman, Arcadia, pro se. James Uthmeier, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. August 15, 2025

PER CURIAM.

David Charles Sussman (“Appellant”) pro se appeals an order denying his postconviction motions. We affirm this order without further discussion. This Court has previously reviewed and ruled upon multiple meritless and duplicative filings of Appellant stemming from this same case. Because it appears that Appellant’s filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this Court asserting claims stemming from

2 Volusia County Circuit Court Case No. 2001-36686-CFAES may result in sanctions such as a bar on pro se filing in this Court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); Lavender v. State, 6 So. 3d 713, 714 (Fla. 5th DCA 2009). AFFIRMED; APPELLANT CAUTIONED. WALLIS, LAMBERT, and KILBANE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________


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