ROBERT D. ABRAMS
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-12-02
No. 22-1559
Florida District Court of Appeal, Fifth District (2022)

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Holding

The trial court properly denied appellant's motion for postconviction relief, and the court warned appellant against future abusive, repetitive, or frivolous pro se filings related to this case.


Headnotes

[1] A court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous postconviction filings by imposing restrictions on future pro se filings and refer…

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Facts & Procedural History

Appellant Abrams, proceeding pro se, filed a motion for postconviction relief in a criminal case from 2008 in Seminole County Circuit Court.…

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Opinion of the Court

PER CURIAM. This Court previously affirmed the trial court’s order denying Appellant’s motion for postconviction relief in Seminole County Circuit Court Case Number 2008-CF-000963-A. Because it appears that Appellant’s postconviction filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further similarly inappropriate pro se filings in this Court asserting claims stemming from Seminole County Circuit Court Case Number 2008-CF-000963-A may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

APPELLANT CAUTIONED.

LAMBERT, C.J., EDWARDS and EISNAUGLE, JJ., concur.


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