JOSEPH ANDREW DIAZ
v.
MARQUI LONGWOOD, LLC, AND MITCH MARQUI

Fla. 5th DCA | 2026-07-31
No. 2025-3005
Goerner, J., Eisnaugle, J., Soud, J., Kilbane, J.
2026 FL 9838 Florida District Court of Appeal, Fifth District (2026)

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Holding

The trial court's order granting defendants' motion to dismiss the amended complaint is affirmed.


Headnotes

[1] A pro se litigant may be sanctioned, including by bar on pro se filing, for abusive, repetitive, malicious, or frivolous filings in appellate proceedings.

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Facts & Procedural History

Joseph Andrew Diaz filed an amended complaint against Marqui Longwood, LLC and Mitch Marqui in Seminole County Circuit Court. The defendants moved to …

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2025-3005 LT Case No. 59-2025-CA-575

JOSEPH ANDREW DIAZ, Appellant,

v.

MARQUI LONGWOOD, LLC, and MITCH MARQUI, Appellees.

On appeal from the Circuit Court for Seminole County. Donna M. Goerner, Judge.

Joseph Andrew Diaz, Bronx, New York, pro se.

Nicholas A. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellees.

July 31, 2026

PER CURIAM.

Appellant appeals the trial court's Order Granting Defendants' Motion to Dismiss Amended Complaint and/or Motion to Strike and/or Motion for More Definitive Statement in Seminole County Circuit Court Case No. 2025-CA-000575, which is before this Court for consideration. We caution Appellant that abusive,

repetitive, malicious, or frivolous filings directed to Seminole County Circuit Court Case No. 2025-CA-000575 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 (Fla. 1999).

APPELLANT CAUTIONED.

EISNAUGLE, SOUD, and KILBANE, JJ., concur.


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