GUY MORTIMER
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial court must provide notice and an opportunity to be heard before imposing sanctions that prohibit pro se filing.
[1] A trial court must provide notice of a show cause order and an opportunity to be heard before imposing sanctions that restrict a party's right to file pro se pleadings.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellant is entitled to an opportunity to be heard, and to make a record for appeal, before the court imposes sanctions.”
Court's statement of the due process requirement before imposing sanctions
Guy Mortimer appealed a circuit court order denying his rule 3.850 motion and prohibiting further pro se filing. The State conceded that Mortimer did …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Correction Of Sentence cases and more on FLexlaw
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
GUY MORTIMER, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 4D2025-2830
[July 1, 2026]
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara Duffy, Judge; L.T. Case No. 062007CF012912C88810.
Guy Mortimer, Perry, pro se.
James Uthmeier, Attorney General, Tallahassee, and Luke Robert Napodano, Senior Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
ON PARTIAL CONFESSION OF ERROR
We accept the State's partial confession of error and reverse the circuit court's order prohibiting appellant from further pro se filing. The State acknowledges appellant did not receive the court's order to show cause under State v. Spencer, 751 So. 2d 47 (Fla. 1999). Appellant is entitled to an opportunity to be heard, and to make a record for appeal, before the court imposes sanctions. See Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011) (reversing under the same circumstances).
As for the remaining portion of the appeal directed towards the circuit court's order denying appellant's motion to correct illegal sentence, that appeal is untimely, as the State argues. Thus, we lack jurisdiction to review that portion of the appeal, which must be dismissed.
Dismissed in part, reversed and remanded in part.
KLINGENSMITH, SHEPHERD and SHAW, JJ., concur.
* * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Stokes v. State, 50 So. 3d 1234 (Fla. 4th DCA 2011)