CATHERINE THOMAS DASILVA
v.
IN RE: THE GUARDIANSHIP/ GUARDIAN ADVOCACY OF JAMAR DONTA THOMAS

Fla. 5th DCA | 2020-06-12
No. 20-0554
Wallis, J., Eisnaugle, J., Traver, J., Davidson, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

A party whose pro se filings are abusive, repetitive, malicious, or frivolous may be sanctioned, including by barring future pro se filings.


Headnotes

[1] A court may sanction a pro se litigant, including by barring future pro se filings, when the litigant's filings are abusive, repetitive, malicious, or frivolous.

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Facts & Procedural History

Petitioner Catherine Thomas DaSilva filed a petition for writ of prohibition in a guardianship matter and subsequently filed four additional motions, …

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Opinion of the Court
Traver

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

CATHERINE THOMAS DASILVA,

Petitioner,

v. Case No. 5D20-0554

IN RE: THE GUARDIANSHIP/GUARDIAN ADVOCACY OF JAMAR DONTA THOMAS,

Respondent.

________________________________/

Opinion filed June 12, 2020

Petition for Writ of Prohibition, Lisa Davidson, Respondent Judge.

Catherine Thomas DaSilva, Rockledge, pro se.

Victor S. Kostro, of Victor S. Kostro P.A., of Melbourne, for Respondent.

PER CURIAM.

This Court earlier dismissed Petitioner’s petition for writ of prohibition stemming from Brevard County Circuit Court Case No. 05-2019-GA-32618. Since that time, Petitioner has filed four motions, all meritless. Because it appears that Petitioner’s filings are abusive, repetitive, malicious, or frivolous, Petitioner is cautioned that any further pro se filings in this case may result in sanctions such as a bar on pro se filing in this Court. See § 944.279(1), Fla. Stat. (2019); State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).

WALLIS, EISNAUGLE and TRAVER, JJ., concur.

2


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