DENIS LOPEZ
v.
WORLDWIND INVESTMENT GROUP, LLC

Fla. 3d DCA | 2021-10-20
No. 20-1530
Cornish, Haley, Hanson, King, Savage
Florida District Court of Appeal, Third District (2021)

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Holding

Dismissal with prejudice is an appropriate sanction when a pro se litigant willfully or deliberately disregards court orders.


Headnotes

[1] A dismissal with prejudice is an appropriate sanction for a pro se litigant's willful or deliberate disregard of court orders under the Mercer/Ham standard, rather than t…

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Key Quotes

“Since Ledo was sanctioned for his own failures to comply with court orders while he was acting pro se, Kozel has no application here.”

The court distinguished attorney misconduct cases from pro se litigant misconduct cases

Facts & Procedural History

Denis Lopez was sanctioned for his failures to comply with court orders while acting pro se.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979); Ledo v. Seavie Res., LLC, 149 So. 3d 707 (Fla. 3d DCA 2014) (“Since Ledo was sanctioned for his own failures to comply with court orders while he was acting pro se, Kozel has no application here. See Ham, 891 So. 2d at 496 (confirming that Kozel addresses whether a dismissal with prejudice is a warranted response to an attorney's behavior”). Rather, this matter falls within the Mercer /Ham rubric, which mandates a determination and findings of willful or deliberate disregard of a court’s authority[.]”).


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