ALAIN BARUCHEL
v.
JOHN RICHARD DALTON

Fla. 5th DCA | 2019-05-10
No. 18-3880
Foxman, J., Wallis, J., Edwards, J., Harris, J.
268 So. 3d 280 Florida District Court of Appeal, Fifth District (2019) Positive Treatment
Also reported at: 14 Fla. L. Weekly 1533 · 1989 Fla. App. LEXIS 3589 · 1989 WL 68980
Cited by 2 cases

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Holding

A pro se litigant who abuses the judicial process and court staff may be barred from filing further pro se pleadings in the appellate court.


Headnotes

[1] A pro se litigant may be barred from filing further pleadings in an appellate court when the litigant abuses the judicial process and harasses court staff, and such a bar…

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Key Quotes

“Enough is enough.”

The court cited this phrase from Isley v. State when imposing the bar on pro se filings.

Facts & Procedural History

Appellant Alain Baruchel filed a nonfinal appeal in the Fifth District Court of Appeal concerning a Volusia County case. The court issued a Spencer sh…

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Opinion of the Court
Harris

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

ALAIN BARUCHEL,

Appellant,

v. Case No. 5D18-3880

JOHN RICHARD DALTON,

Appellee.

/

Opinion filed May 10, 2019

Nonfinal Appeal from the Circuit Court for Volusia County, Karen Adams Foxman, Judge.

Alain Baruchel, Montreal, Quebec, Canada, pro se.

John Richard Dalton, Daytona Beach, pro se.

PER CURIAM.

We issued a Spencer1 show cause order directing Appellant to demonstrate why he should not be barred from any future pro se filings in this Court and why he should not be prohibited from any telephonic and/or in-person communications with Court Staff. Having carefully considered Appellant’s response, we conclude that he is abusing the judicial process and Court Staff and should be barred from further pro se filings. Therefore, in order to conserve judicial resources and to protect Court Staff, we prohibit Appellant from filing with this Court any further pro se pleadings concerning Volusia

County Seventh Judicial Circuit case number 2018-33323-FMCI. The Clerk of this Court is directed not to accept any further pro se filings concerning this case and not to accept any telephone or in-person communications. Any further pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing with The Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough.").

FURTHER PRO SE FILINGS PROHIBITED.

WALLIS, EDWARDS, and HARRIS, JJ., concur.

Footnotes
1 State v. Spencer, 751 So. 2d 47 (Fla. 1999).

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