JAMES LYONS
v.
LAURA M. STEINER
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A trial court must issue an order to show cause providing a pro se party with reasonable notice and an opportunity to be heard before barring that party from future pro se filings.
[1] Before barring a pro se party from future filings, a trial court must issue an order to show cause that provides the party with reasonable notice and an opportunity to re…
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Join FLexlaw to unlock all legal intelligence“a court must first provide notice and an opportunity to be heard before barring a pro se party from future filings”
Citation to State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999), establishing the required procedure
James Lyons, appearing pro se in a post-final judgment paternity proceeding, was barred from further pro se filings by the trial court. The trial cour…
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PER CURIAM.
James Lyons petitions this court for the issuance of a writ of certiorari. He contends that the trial court erred when it barred him from further pro se filings in his post-final judgment paternity proceeding without first providing him with notice and an opportunity to be heard before imposing this sanction.1 See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999) (stating that a court must first provide notice and an opportunity to be heard before barring a pro se party from future filings).
This court has recently granted certiorari relief to a pro se party when the trial court prohibited the litigant from future pro se filings without first complying with the Spencer procedure of issuing an order to show cause providing the litigant with reasonable notice and an opportunity to respond before imposing this sanction. See McCone v. Pitney Bowes, Inc., 342 So. 3d 826, 827 (Fla. 5th DCA 2022). Because the trial court here did not follow this procedure, we grant the petition and quash, without prejudice, that part of the respective orders barring Lyons from pro se filings.2 PETITION GRANTED; ORDERS QUASHED.
LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.
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Citator
Cited By
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Lyons v. Steiner (Fla. 5th DCA 2023)…future pro se filings without first complying with the Spencer procedure of issuing an order to show cause providing the litigant with reasonable notice and an opportunity to respond before imposing this sanction. See McCone v. Pitney Bowes, Inc., 342 So. 3d 826, 827 (Fla. 5th DCA 2022). Because the trial court here did not follow this procedure, we grant the petition and quash, without prejudice, that part of the respective orders barring Lyons from pro se filings.2 PETITION GRANTED; ORDERS QUASHED. LAMBE…
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- Lyons v. Steiner (Fla. 5th DCA 2023)