KELVON GRIMMAGE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-11-17
No. 23-2157
Florida District Court of Appeal, Fifth District (2023)

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Holding

After previously denying an appellant's claims on two separate occasions and affirming the postconviction court's order denying relief, the court may impose sanctions including a bar on pro se filings and referral for prison disciplinary proceedings if the appellant continues to file abusive, repetitive, malicious, or frivolous filings.


Headnotes

[1] A court of appeal may warn a pro se litigant that continued filing of abusive, repetitive, malicious, or frivolous motions may result in sanctions, including a bar on pro…

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Facts & Procedural History

Kelvon Grimmage, proceeding pro se, filed a post-conviction motion in a criminal case from Marion County Circuit Court (Case No. 2016-CF-001527-C). Th…

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Opinion of the Court

November 17, 2023 PER CURIAM.

This Court has previously denied Appellant’s claims raised in the subject motion on two separate occasions, including on the merits, and affirmed the postconviction court’s order denying relief, all stemming from Marion County Circuit Court Case No. 2016-CF-001527-C. Because Appellant’s filings are abusive, repetitive, malicious, or frivolous, Appellant is cautioned that any further pro se filings in this Court asserting claims stemming from

Marion County Circuit Court Case No. 2016-CF-001527-C, may result in sanctions such as a bar on pro se filings in this Court and a referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2023); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

APPELLANT CAUTIONED. MAKAR, EISNAUGLE, and MACIVER, JJ., concur.


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