ANANIAS WESTBROOK
v.
THE STATE OF FLORIDA
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.
The trial court properly barred further filings by a pro se litigant whose pattern of repetitive appeals and motions on the same conviction constituted an abuse of the judicial process.
[1] A pro se litigant may be prohibited from filing further motions, petitions, or appeals without counsel when the litigant demonstrates a pattern of repetitive filings seek…
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“The filing of repetitive motions, and the prosecution of repetitive appeals, seeking to re-litigate claims which have previously been resolved on the merits and affirmed on appeal constitutes an abuse of the judicial process and subjects a pro se party to sanctions.”
Court's prior warning to Westbrook in 2014
Ananias Westbrook, convicted of armed robbery and sentenced to life in prison in case F93-14423, filed 21 appeals or petitions regarding his convictio…
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.
Explore caselaw by topic → Browse Pro Se Litigant Restrictions cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed January 11, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1419 Lower Tribunal No. F93-14423
________________
Ananias Westbrook,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alberto Milian, Judge. Ananias Westbrook, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, C.J., and LINDSEY, and LOBREE, JJ. PER CURIAM.
Ananias Westbrook appeals the trial court’s “ORDER BARRING THE
FILING OF FURTHER PLEADINGS” by the appellant in connection with trial court case number F93-14423. We affirm without further discussion.
ORDER TO SHOW CAUSE
Based on our own review of Westbrook’s record of appeals and petitions regarding trial court case number F93-14423, we order Westbrook to show cause as to why he should not be prohibited from filing any further appeals, petitions, motions, or other papers without the assistance of counsel admitted to the practice of law in Florida. A search in Westlaw reveals that Westbrook has filed 21 appeals or petitions in connection with his conviction related to F93-14423, a conviction for which he was sentenced to life in prison for the commission of an armed robbery.
Our Court’s records reveal the filing of 14 appeals or petitions, all of which have been decided against Westbrook. On October 15, 2014,
Westbrook was warned by this Court in Westbrook v. State, 149 So. 3d 723,
723 (Fla. 3d DCA 2014), “that the issue in the instant appeal has been raised by him in prior motions filed with the trial court and in prior appeals filed with this court, and has been resolved on the merits adversely to Appellant.”
Westbrook was further warned that “[t]he filing of repetitive motions, and the prosecution of repetitive appeals, seeking to re-litigate claims which have previously been resolved on the merits and affirmed on appeal constitutes an abuse of the judicial process and subjects a pro se party to sanctions.” Id.
at 723-24. The instant appeal is the fifth that has been filed by Westbrook in this Court after the subject warning in 2014.
Accordingly, within 30 days, Westbrook shall show cause why he should not be prohibited from filing any further motions, petition, appeals, or any other paper in this Court regarding F93-14423, unless the motion,
petition, appeal or other paper is filed by an attorney admitted to the practice of law in Florida.
It is so ordered.