JERRY GALLION
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-07-31
No. 2025-2883
Wallis, J., Eisnaugle, J., Kilbane, J., Salem, R. Anthony
2026 FL 9837 Florida District Court of Appeal, Fifth District (2026)

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Holding

A pro se litigant may be subject to Spencer Sanctions for filing abusive, repetitive, malicious, and frivolous pleadings that constitute an abuse of the court's process.


Headnotes

[1] A pro se litigant may be subject to Spencer Sanctions for filing abusive, repetitive, malicious, and frivolous pleadings that constitute an abuse of the appellate court's…

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Key Quotes

“Petitioner continues to file pleadings that are an attempt to revisit issues which are abusive, repetitive, malicious, frivolous, and an abuse of this Court's process.”

Court's characterization of the petitioner's filings in its order

Facts & Procedural History

Jerry Gallion, proceeding pro se, filed a petition for prohibition and subsequently filed a response to the court's order to show cause. The pleadings…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2025-2883 LT Case No. 16-2021-CF-003597-AXXXMA

JERRY GALLION, Petitioner,

V.

STATE OF FLORIDA, Respondent.

Petition for Prohibition,

R. Anthony Salem, Respondent Judge.

Jerry Gallion, Milton, pro se. No Appearance for Respondent.

July 31, 2026

WALLIS, J.

After reviewing Petitioner's Response to this Court's Order to Show Cause dated May 8, 2026, it is clear that Petitioner continues to file pleadings that are an attempt to revisit issues which are abusive, repetitive, malicious, frivolous, and an abuse of this Court's process. As such, Petitioner is cautioned that any further pro se pleadings filed in this Court asserting the claim raised in Duval County Case No. 16-2021-CF-003597-AXXXMA may result

in Spencer Sanctions being imposed. See State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITIONER WARNED.

EISNAUGLE and KILBANE, JJ., concur.


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