FRANK DEPINTO
v.
CORPORAL HOFFMAN, 114

Fla. 1st DCA | 2019-08-09
No. 18-4624
Judge Ellen S. Huvelle
Florida District Court of Appeal, First District (2019)

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.


Holding

A person who files nine pro se civil complaints within two years, all dismissed with prejudice, meets the statutory definition of a vexatious litigant under Florida Statute § 68.093(d)1.


Headnotes

[1] A person is a vexatious litigant under Florida Statute § 68.093(d)1 when that person, during a five-year period, has commenced, prosecuted, or maintained five or more pro…

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

Key Quotes

“A vexatious litigant is a person who, during a five-year period, 'has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person.'”

Statement of the statutory definition of vexatious litigant under § 68.093(d)1., Fla. Stat. (2018)

Facts & Procedural History

Frank DePinto filed nine pro se civil complaints within a two-year period; all were dismissed with prejudice. The trial court declared him a vexatious…

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.

Opinion of the Court

August 9, 2019 PER CURIAM. Frank DePinto appeals an order declaring him to be a vexatious litigant and imposing sanctions. A vexatious litigant is a person who, during a five-year period, “has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person.” § 68.093(d)1., Fla. Stat. (2018). DePinto filed nine pro se civil complaints within a two-year period; all were dismissed with prejudice. In determining that DePinto is a vexatious litigant, the trial court did not err. AFFIRMED.

B.L. THOMAS, ROWE, and OSTERHAUS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Frank DePinto, pro se, Appellant. Gwendolyn P. Adkins of Coppins Monroe, P.A., Tallahassee, for Appellee.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw