CopyCited 63 times | Published | Supreme Court of Florida | 2003 WL 1987971
...rs and create a new indigency statute for prisoner filings, it also created statutory authority permitting the courts, upon a determination that a pleading is frivolous, to send that finding to the prisoner's institution for disciplinary action, see § 944.279, Fla....
CopyCited 58 times | Published | Supreme Court of Florida | 2008 WL 2130286
...ons, including but not limited to, the Clerk of this Court forwarding a certified copy of this Court's finding that Pettway's filings are frivolous or malicious to the appropriate Florida Department of Corrections institution or facility pursuant to section 944.279(1), Florida Statutes (2007)....
CopyCited 57 times | Published | Court of Appeals for the Eleventh Circuit
disciplinary proceedings in accordance with section
944.279(1), Florida Statutes, which may include the
CopyCited 48 times | Published | Florida 5th District Court of Appeal | 2005 WL 1991810
...hat pleading or paper is filed by a member in good standing of The Florida Bar. Further, the Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See section 944.279(1), Fla....
CopyCited 42 times | Published | Supreme Court of Florida | 1998 WL 951203
...exclusive jurisdiction pursuant to Article V, Section 3(b)(1)-(6), of the Florida Constitution. We caution Rivera that further abuses of the judicial process could result in additional sanctions, including, but not limited to, sanctions under either section
944.279 or section
944.28(2)(a), Florida Statutes (1997)....
CopyCited 25 times | Published | Supreme Court of Florida | 2009 WL 1955293
...However, Steele's abusive pro se filings related to his conviction or sentence must immediately come to an end. Furthermore, since we have in this opinion found that Steele has repeatedly initiated frivolous proceedings, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2008), to forward a certified copy of this opinion to the Department of Corrections' institution where Steele is incarcerated....
CopyCited 16 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 9, 2011 Fla. LEXIS 3, 2011 WL 31383
...ing unless submitted and signed by a lawyer in good standing as a member of The Florida Bar. Furthermore, since we have in this opinion found that Johnson has repeatedly initiated frivolous proceedings, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2010), to forward a certified copy of this opinion to the Department of Corrections institution where Johnson is incarcerated....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 17849, 2008 WL 4998785
...If, during the proceedings on remand, the trial court determines that Oquendo has brought a frivolous or malicious action, or has knowingly or recklessly made false allegations, it should make written findings and refer him to the appropriate prison authorities for disciplinary procedures. § 944.279(1), Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2213, 2009 WL 690650
...Rules that help limit the filing of frivolous claims would reduce the amount of "hay" in the justice system, so the "needle" of injustice is easier to find. The legislature has provided a mechanism for courts to sanction abusive post-conviction litigants by referring them to prison authorities for disciplinary proceedings. § 944.279(1), Fla....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 2007 WL 2119010
...(2005)("All or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner . . . is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court. . . ."); § 944.279(1), Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 2000 WL 44045
...PER CURIAM. We have for review Hall v. State,
698 So.2d 576 (Fla. 5th DCA 1997), based on express and direct conflict with Mercade v. State,
698 So.2d 1313 (Fla. 2d DCA 1997), concerning a court's proper role in the implementation of sections
944.28(2) and
944.279, Florida Statutes (1999), relating to the imposition of sanctions on prisoners who file frivolous pleadings....
...n in this case. [2] That question is whether an appeal of a postconviction motion is a "collateral criminal proceeding," and if so, whether a court may utilize section
944.28(2)(a), which contains no collateral criminal prohibition, independently of section
944.279, which contains *578 language prohibiting its application to collateral criminal proceedings. Both section
944.279 and the pertinent provisions of section
944.28(2)(a), Florida Statutes (1999), were enacted as part of an act that created or amended several statutory provisions for the purpose of reducing unnecessary or frivolous prisoner filings. See ch. 96-106, Laws of Fla. [3] Not only did the act provide statutory authority permitting the courts, upon a determination that the pleading was frivolous, to send that finding to the prisoner's institution for disciplinary action, see §
944.279, Fla....
...(1999); ch. 96-106, § 1, 2, at 93-95. Quite importantly, these amendments, except the disciplinary forfeiture provision of section
944.28(2)(a), provide that the restrictions do not apply to a "criminal proceeding or a collateral criminal proceeding." See §§
944.279(2),
57.085(10), Fla....
...Therefore, having decided that both a postconviction motion and an appeal from the denial of that motion are collateral criminal proceedings, we now proceed to examine the second part of the question above: may gain time be forfeited pursuant to section
944.28(2)(a), independently of section
944.279, for a frivolous appeal of a postconviction motion? For purposes of deciding that question, we have examined the 1997 amendment to section
944.279 which removed the specific reference to a gain time forfeiture for frivolous filings, as well as the reference to section
944.28(2)(a), and replaced it with a reference to "disciplinary procedures pursuant to the rules of the Department." See §
944.279, Fla. Stat. (1999); ch. 97-78, § 14, at 447-48, Laws of Fla. While section
944.28(2)(a) does not specifically prohibit its application to collateral criminal proceedings, that section is plainly tied to section
944.279 and, we conclude, cannot be utilized independently of that section. Of course that section clearly prohibits its application to such proceedings. Section
944.279 provides the courts with statutory authority to find that a frivolous filing warrants a referral to the Department of Corrections for discipline including possible gain time forfeiture under its administrative rules. Section
944.28(2)(a) is merely an ancillary statute which gives the Department of Corrections the statutory authority to forfeit gain time after a court has utilized
944.279 to find that the frivolous filing warrants a referral to the Department for discipline. In Saucer v. State,
736 So.2d 10 (Fla. 1st DCA 1998), the First District recently concluded that since the Legislature had "amended section
944.279 by deleting all reference to loss of gain-time and section
944.28(2) and added provisions for disciplinary procedures pursuant to rules of the department provided in section
944.09," the Legislature had sought to clarify that the two...
...n the gain time sanction potential of either statute, and the actual effect of the amendment was to add additional sanctions, such as more restrictive confinement, for the filing of frivolous lawsuits, not to make section
944.28(2)(a) independent of section
944.279. While the amended version of section
944.279 provides that the finding of frivolousness is to be forwarded "to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s....
...se other disciplinary actions, in addition to gain time forfeiture, against prisoners who file lawsuits deemed by the court to be frivolous." [7] There is nothing in the analysis indicating that the Legislature intended to separate
944.28(2)(a) from
944.279 or in any way to allow
944.28(2)(a) to be used to sanction frivolous collateral criminal proceedings, such as postconviction proceedings, independently of
944.279, which has always provided, and still provides, that such sanctions may not be utilized in collateral criminal proceedings. The State asserts that the "broader intent" of the Legislature's 1997 amendment was to "decriminalize" section
944.279 and thus allow the courts and the State to further deter frivolous filings of all kinds, including frivolous criminal actions....
...The only statutory mechanism for the courts to find a proceeding frivolous and refer the matter to the Department for possible gain time forfeiture or other discipline contains language prohibiting its application to collateral criminal proceedings. See §
944.279(2), Fla. Stat. (1999). Repeating that language again in section
944.28(2)(a) would have been redundant because it was assumed that the original frivolous finding by the court would be made under section
944.279....
...t to do so is not necessary for the final disposition of this case. However, since this conflict is capable of repetition, we will resolve it in this case. See generally Holly v. Auld,
450 So.2d 217 (Fla.1984). Assuming a court has properly employed section
944.279 to sanction an inmate for filing an improper action that is subject to sanctions under that section, we conclude that a court has no authority to "direct" the Department of Corrections to sanction a prisoner by gain time forfeiture or...
...ch is telling another branch of the government what the required result of its administrative proceeding should be, as such language immediately conjures up questions of separation of powers. To the extent that a court has properly utilized sections
944.279 and
944.28(2)(a), to sanction a prisoner for filing an action which is sanctionable under those statutes, we find that a court may only "recommend" that the Department sanction an inmate....
...ew. [2] Once we have conflict jurisdiction, we have jurisdiction to decide all issues necessary to a full and final resolution. See Jacobson v. State,
476 So.2d 1282, 1284 (Fla.1985); Savoie v. State,
422 So.2d 308, 310 (Fla.1982). [3] Both sections
944.279 and
944.28(2)(a) provide for sanctions or discipline when a court makes any of a number of findings including (1) that the prisoner brought a frivolous or malicious action or appeal; (2) knowingly or recklessly brought false information or evidence before the court, or (3) violated a law or prison regulation....
...Therefore, to the extent that Ferenc can be read to say that a postconviction proceeding does not retain its "collateral criminal" nature when on appeal, or that the use of
944.28(2) may be utilized independently of the "collateral criminal" prohibitions existent in section
944.279, we disapprove it. [5] Furthermore, we find that the plain meaning of the phrase "collateral criminal proceeding" used in section
944.279 refers to a type of criminal proceeding that is "collateral to" or somewhat separated from the "main" criminal proceeding....
...lateral" to his or her "main" criminal conviction, so such a proceeding would be a "collateral criminal proceeding." [6] The First District had previously concluded that the use of section
944.28(2)(a) was dependent upon a finding by the court under section
944.279....
...1st DCA Aug.17, 1998), withdrawn and superseded by Saucer v. State,
736 So.2d 10 (Fla. 1st DCA 1998). [7] See Fla. H.R. Comm. on Correct., HB 37 (1996) Staff Analysis, 1 (April 18, 1997)(on file with Comm.) [8] Having decided that section
944.28(2)(a) cannot be invoked independently of section
944.279, and having determined that section
944.279 cannot be utilized for sanctions in this case, we need not address whether either of those sections may be applied to petitioner retroactively....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1997 WL 777678
...Hall, subject him to forfeiture of gain time. PETITION DENIED. DAUKSCH and GOSHORN, JJ., concur. GRIFFIN, C.J., concurs specially with opinion. GRIFFIN, Chief Judge, concurring specially. When the Florida legislature enacted chapter 96-106, Laws of Florida, which created section
944.279, Florida Statutes and amended section
944.28(2)(a), Florida Statutes, I understood that the reference to "a frivolous suit action, claim, proceeding or appeal" in section
944.28(2)(a) referred to the same kind of "frivolous suit, action, claim, proceeding or appeal" that had previously been described in section
944.279. This would mean that it does not apply to criminal and criminal collateral proceedings. §
944.279(2), Fla. Stat. (Supp.1996). It seems odd that section
944.279, which requires certification from the court that "a frivolous or malicious suit, action, claim, proceeding or appeal in any court of this state or in any federal court, which is filed after June 30, 1996, or who knowingly or with rec...
...nformation or evidence before the court" does not include criminal or collateral criminal proceedings, but section
944.28(2)(a) applies to any type of proceeding and has no such procedural requirement. If the two statutes are independent, the first, section
944.279 would seem to be superfluous since both substantively and procedurally it is entirely subsumed in the broader statute, section
944.28(2)(a), (b). My understanding that
944.28(2)(a) refers to the cases described in
944.279 derives not only from the statutes themselves but from the preamble to chapter 96-106: WHEREAS, frivolous inmate lawsuits congest civil court dockets and delay the administration of justice for all litigants, and WHEREAS, each year self-repre...
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12814, 2015 WL 5039133
...ed the specific order challenged by Ponton in his habeas petition. When a court determines that a claim raised by a prisoner is frivolous, the court is authorized to refer the matter to DOC for potential disciplinary action against the prisoner. See § 944.279(1), Fla....
...State,
137 So.3d 623, 624 (Fla. 1st DCA 2014) (citing Ibarra v. State,
45 So.3d 911 (Fla. 4th DCA 2010)), and the prisoner need not be a “frequent-filer” who has previously raised the same or similar claim to be referred for disciplinary action under section
944.279(1), 2 see Johnson v. State,
44 So.3d 198, 200 (Fla. 4th DCA 2010) (“A claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section
944.279, a court may sanction any *577 frivolous post-conviction filing and/or appeal regardless of the prisoner’s history of filing.”)....
CopyCited 8 times | Published | Supreme Court of Florida | 2001 WL 81761
...State,
752 So.2d 575 (Fla.2000), that a postconviction motion and an appeal therefrom are "collateral criminal proceedings" for purposes of determining whether sanctions may be imposed under a different statutory *977 scheme, which provides for discipline when an inmate files a frivolous or other improper lawsuit. See §§
944.279,
944.28(2)(a), Fla....
...isions for the purpose of reducing unnecessary or frivolous prisoner filings. See ch. 96-106, Laws of Fla. [4] Not only did the act provide statutory authority for the sanctioning of inmates who file frivolous, untruthful, or malicious lawsuits, see § 944.279, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2010 WL 3239134
...We conclude that these appeals are frivolous, malicious, and not brought in good faith. Accordingly, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13631, 2010 WL 3584000
...He also argues that he has filed a fewer number of post-conviction challenges and appeals than those litigants that have been sanctioned in other reported cases. A claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section 944.279, a court may sanction any frivolous post-conviction filing and/or appeal regardless of the prisoner's history of filing....
...Johnson's argument *201 that the trial court failed to consider a "manifest injustice" exception in this case is entirely devoid of merit. We ordered Johnson to show cause why he should not be referred to prison officials for disciplinary procedures pursuant to section
944.279(1), Florida Statutes, and/or why he should not be prohibited from further pro se filing. State v. Spencer,
751 So.2d 47 (Fla. 1999). Johnson filed his response. His argument that section
944.279(1) does not apply to this collateral criminal filing is incorrect....
CopyCited 7 times | Published | Supreme Court of Florida | 2008 WL 659037
...anctions including but not limited to the Clerk of this Court forwarding a certified copy of this Court's finding that Tate's filings are frivolous or malicious to the appropriate Florida Department of Corrections institution or facility pursuant to section 944.279(1), Florida Statutes (2007)....
CopyCited 6 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 607, 2011 Fla. LEXIS 2564, 2011 WL 5082436
...3 James’s response fails to show cause why he should not be sanctioned. Furthermore, based on the meritless claim presented by James, we conclude that the pro se petition filed in this case is a frivolous filing submitted to this Court by a state inmate. See § 944.279, Fla....
...ar. Counsel may file on James’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 4 Furthermore, since we have found James’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2010), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where James is incarcerated....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 1559742
...Any further pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11703, 2010 WL 3119904
...ppellate Procedure 9.141(b)(2)(D). Appellant's claims are conclusively refuted by the record; thus, we find no error with the trial court's decision to deny the motion without a hearing. Additionally, we find Appellant's appeal to be frivolous under section 944.279, Florida Statutes (2008), and refer him to the Department of Corrections for discipline procedures in accordance with that section. This opinion constitutes the written findings required under that section. Judicial Inquiry and Findings Section 944.279(1), Florida Statutes (2008), specifically provides that a court may "at any time" determine whether a collateral criminal proceeding is filed in good faith. This statute equates a lack of "good faith" with a determination that the collateral action was "frivolous." See § 944.279(1), Fla....
...We find that Appellant filed a frivolous motion for postconviction relief in the trial court, thus abusing the judicial process, and then compounded the abuse by filing a frivolous appeal. We do not address whether the trial court should have imposed sanctions under section 944.279, but note that any court is authorized to report a frivolous or malicious collateral criminal proceeding to the Department of Corrections for disciplinary proceedings under the plain terms of the law....
...al criminal proceeding is frivolous. We direct the clerk of this court to forward a certified copy of this opinion to the *1041 appropriate correctional institution for the imposition of disciplinary proceedings against Appellant, in accordance with section 944.279, Florida Statutes (2004)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 1708714
...ocument. While the commissioner did not use the word "knowingly" or "intentionally," the findings in full establish that petitioner deliberately filed a falsified document. Acting upon the commissioner's findings, petitioner deserves the sanction of section 944.279(1), Florida Statutes, which states: A prisoner who is found by a court ......
...In light of the assertion made by Svoboda in his petition, under penalty of perjury, that he had requested an appeal, we direct that a certified copy of this opinion be forwarded to the Jefferson Correctional Institution for the consideration of disciplinary procedures pursuant to section 944.279(1), Florida Statutes (2004), and a copy of the disposition report be forwarded to this court, the attorney general's office and the hearing commissioner....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11110, 2010 WL 2976929
...aised on direct appeal and was improperly raised in motion for postconviction relief). We therefore find Appellant's appeal to be frivolous, and write to refer Appellant to the Department of Corrections for disciplinary procedures in accordance with section 944.279, Florida Statutes (2004). This opinion constitutes the written findings required under that section. *779 Judicial Inquiry and Findings Section 944.279(1), Florida Statutes (2004), specifically provides that a court may "at any time" determine whether a collateral criminal proceeding is filed in good faith. This statute equates a lack of "good faith" with a determination that the collateral action was "frivolous." See § 944.279(1), Fla....
...). We find that Appellant filed a frivolous motion for postconviction relief in the trial court, and compounded the abuse of judicial process by filing a frivolous appeal. We do not address whether the trial court should have imposed sanctions under section 944.279, Florida Statutes, but note that under the plain terms of the law, any court is authorized to report a frivolous or malicious collateral criminal proceeding to the Department of Corrections for disciplinary proceedings....
...llateral criminal proceeding is frivolous. We direct the clerk of this court to forward a certified copy of this opinion to the appropriate correctional institution for the imposition of disciplinary proceedings against Appellant, in accordance with section 944.279, Florida Statutes (2004)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 11098, 2010 WL 2976931
...We find, without reservation, that this appeal was frivolous. For this reason, in addition to affirming the denial of Appellant's postconviction motion, we recommend that the Department of Corrections impose disciplinary sanctions on Appellant, including, if appropriate, the loss of gain time. See § 944.279(1), Fla....
...(2009) (authorizing the Department of Corrections to forfeit gain time when an inmate files a "frivolous suit, action, claim, proceeding, or appeal"); see also Ruiz v. State,
992 So.2d 300, 302 (Fla. 3d DCA 2008); Simpkins v. State,
909 So.2d 427, 428 (Fla. 5th DCA 2005). Accordingly, pursuant to section
944.279, we direct the Clerk of this court to forward a certified copy of this opinion to the appropriate correctional facility for the consideration of disciplinary procedures against Appellant....
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 1760419
...6 After considering McCutcheon’s response, we conclude that it fails to show cause why he should not be sanctioned. We further conclude that McCutcheon’s unauthorized petitions are frivolous proceedings brought to this Court by a prisoner. See § 944.279, Fla....
...Counsel may file on McCutcheon’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 7 Furthermore, since we have found McCutcheon’s petitions to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2012), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where McCutcheon is incarcerated....
...May 4, 2012), and McCutcheon v. State, SC12-454 (Fla. May 4, 2012) (dismissing petitions in each case and ordering petitioner to show cause why sanctions should not be imposed and why the petitions should not be deemed frivolous for purposes of applying section 944.279(1), Florida Statutes (2011))....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 7642, 2014 WL 2100805
...Jacobs unless the document has been reviewed and signed by a member in good standing of the Florida Bar who certifies that the document may be filed in good faith. The Clerk is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19855, 2010 WL 5347304
...The circuit court again summarily denied this motion as successive and procedurally barred, and further directed that a copy of its order be forwarded to the warden at Wimberly’s place of incarceration for consideration of sanctions pursuant to sections
944.279(1),
944.28 and
944.09, Florida Statutes....
...is not required for there to be an abuse of the post-conviction process. As this Court said in Johnson v. State,
44 So.3d 198 (Fla. 4th DCA 2010): A claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section
944.279, a court may sanction any frivolous post-conviction filing and/or appeal regardless of the prisoner’s history of filing....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2005 WL 3439883
...clumsy, uninformed, and naïve manner. It appears Miller knowingly or with reckless disregard for the truth offered a false and materially altered document to this court in an attempt to influence the outcome of the appeal. Accordingly, pursuant to section 944.279(1), Florida Statutes (2004), by copy of this opinion, we direct that a certified copy of this opinion be forwarded to the appropriate institution to consider disciplinary procedures as provided by law....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 14485, 2010 WL 3766877
...The trial court denied the motion explaining that appellant had raised the same meritless arguments in a rule 3.800(b)(2) motion filed during the pendency of his direct appeal. The trial court admonished appellant that his repeated filing of the same issues was frivolous and abusive, citing sections
944.279(1) and
944.28(2)(a), Florida Statutes (2009), which provide that gain-time earned by a prisoner is subject to forfeiture if he "is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal...." The t...
...He also asserted that the trial court's admonishment was an improper "attempt to scare him" into not filing future postconviction motions. The trial court denied the motion for rehearing. The court found in its order that the rule 3.800(a) motion and the motion for rehearing were frivolous and, pursuant to section 944.279(1), Florida Statutes, directed that a certified copy be delivered to prison officials for consideration of disciplinary procedures....
...an opportunity to respond to the court's intent to restrict future pro se filings and to refer him to the Department of Corrections. We reject appellant's argument because the trial court only referred him to the Department of *914 Corrections under section 944.279, and did not prohibit pro se filings. Section 944.279(1), Florida Statutes, provides: At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
...ngs before the department. In Spencer v. Florida Department of Corrections, the Florida Supreme Court held that the department's procedures in conducting the disciplinary proceeding did not violate the prisoner's due process rights and that sections
944.279 and
944.28(2)(a) are not unconstitutional because of any "chilling effect" they may have on a prisoner's rights. The Court approved the federal court's finding that the appeal was frivolous and the federal court's referral of the prisoner under
944.279....
...that the appeal was frivolous. Id. at 753. In this case, we conclude that the trial court did not err in failing to issue an order to show cause before finding that appellant had brought a frivolous action and in referring appellant to the DOC under section 944.279(1)....
...same effect as barring an abusive litigant from ever filing again. In Spencer v. Florida Department of Corrections, the Florida Supreme Court expressly rejected this precise argument. Id. at 755. The Court held: "Any effect these statutes [sections
944.279 and
944.28(2)(a)] have to cause an inmate to `stop and think' before filing a frivolous lawsuit is not unconstitutional." Id....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4330014
...We direct the Clerk of this Court not to accept any further pro se pleadings from Carlos Ruiz relating to that case. We further direct the Clerk of this Court to forward a certified copy of this opinion to the appropriate correctional institution for consideration of disciplinary procedures pursuant to section
944.279, Florida Statutes (2008), including, but not limited to, the loss of gain time as provided in section
944.28(2)(a), Florida Statutes (2008)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 2673885
...time for the filing of his third motion, and 60 days of gain time for the filing of his fourth motion. Since the trial court is not authorized to direct DOC to forfeit a specific amount of gain time as a sanction, these directives must be stricken. Section 944.279(1) of the Florida Statutes (2004) provides that disciplinary proceedings can be initiated by DOC against a prisoner who has filed a frivolous or malicious proceeding....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 17263, 2009 WL 3817867
..., that are related to his convictions and sentences in Case No. 1982 CF 06820 and 1982 CF 06845, unless signed by a member in good standing of The Florida Bar. If Mr. Brown violates this order, he may be subject to further appropriate sanctions. See § 944.279(1), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 3879, 2015 WL 1214040
...e again attempting to
challenge his plea on the same grounds. We dismissed the petition, and
we referred the defendant to prison officials for consideration of
disciplinary procedures based on his ongoing abusive filing of frivolous
proceedings. See § 944.279(1), Fla....
...standing of The Florida Bar who certifies that a good faith basis exists for
each claim presented. Further, we direct the Clerk to forward a certified
copy of this opinion to the appropriate institution for consideration of
disciplinary procedures. See § 944.279(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 337273
...Petitioner, an inmate of the Department of Corrections, seeks a writ of certiorari to review an order entered by the circuit court. In this order, the circuit judge denied petitioner's complaint for extraordinary relief and made a finding "in accordance with section 944.279, Florida Statute (1996), that this action was frivolous and that the Plaintiff shall be subject to a forfeiture of earned and unearned gain time as a penalty for instituting this frivolous proceeding in this Court." The judge directed...
...1996)." We affirm the circuit court's denial of the petition below, because it clearly appears that petitioner was afforded due process in the disciplinary proceeding instituted by the Department. Petitioner asks us to reverse the portion of the order finding that the action was frivolous for purposes of section 944.279(1), Florida Statutes (Supp.1996)....
...out for the court the standards for determining the issue. Petitioner responded with his contentions concerning frivolousness. Here, petitioner has failed to make a showing of error in the trial court's finding. The circuit judge complied *1057 with section 944.279(1) by issuing a written finding and directing that a copy of the order be forwarded to the appropriate institution....
...r. Martin. Accordingly, the order itself may not be construed as effectuating the loss of gain time. The proceeding to determine whether forfeiture of gain time is appropriate must be instituted by the Department pursuant to its rules as provided in section 944.279(1)....
CopyCited 3 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 646, 2002 Fla. LEXIS 1466, 2002 WL 1430254
...State,
752 So.2d 575 (Fla.2000), that if a state court recommends to the Department of Corrections (department) that it discipline an inmate for filing a frivolous action in accordance with section
944.28(2)(a), Florida Statutes (2001), it is to do so in accord with section
944.279, Florida Statutes (2001). Section
944.279 is the statutory provision giving Florida's courts the authority to *754 refer inmates to the department for discipline when they have engaged in misconduct in their courtrooms. Section
944.279, by its express language, also includes "federal courts." Obviously, the Florida Statutes cannot require compliance by a federal court. However, here, even though the federal court did not cite to Florida's statutory scheme for disciplining inmates for filing frivolous lawsuits, there was substantial compliance with the prerequisites of that statutory scheme. Section
944.279, Florida Statutes (2001), provides, in pertinent part:
944.279 Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court. (1) At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
...cer has not raised that issue, and we deem it now waived. It is also clear from the record that after the department received the order, in accordance with the statute it conducted "disciplinary procedures pursuant to the rules of the [department]." § 944.279, Fla....
...The department's discretion was exercised in consideration of Spencer's substantial gain time (ten years) and did not constitute an abuse of discretion. Thus, we conclude that the department complied with its disciplinary rules and with the prerequisites of the statutory scheme. Spencer also argues that sections
944.279 and
944.28(2)(a) are unconstitutional on their face and as applied because they do not meet the strict scrutiny test....
...usive litigant from ever filing again. He also argues that since frivolous lawsuits are not really a problem anyway and there are now both state and federal statutes requiring that inmates pay for their lawsuits, there is really no need for sections
944.279 and
944.28(2)(a)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...unauthorized filings by Holmes will subject him to appropriate sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 874774
...More importantly to resolution of respondent's motion, we are persuaded that the provisions of section
944.28(2) are applicable to the instant proceeding. Saucer sought a belated direct appeal from his judgment and sentence; therefore, this is a "criminal proceeding." Section
944.279(2), Florida Statutes (1997) authorizes disciplinary proceedings in accordance with rules adopted by the Department of Corrections pursuant to section
944.09 for frivolous or malicious actions in civil proceedings and provides that "[t...
...us suit, action, claim, proceeding, or appeal in any court; is found by a court to have knowingly or with reckless *12 disregard for the truth brought false information of evidence before the court." This sanction is without the limiting language of section
944.279 and appears to apply in both civil and criminal proceedings. Chapter 96-106, Laws of Florida, amended chapter 944, Florida Statutes, to add section
944.279 and amended section
944.28(2)(a) for the expressed purpose of reducing the onslaught of frivolous prisoner civil lawsuits. The amendments provided for loss of gain-time upon certain findings by the court. The new section
944.279 provided that court findings would be forwarded to the appropriate prison facility for disciplinary action provided in section
944.28(2)....
...The gain-time forfeiture provisions of section
944.28 did not contain a civil action limitation; however, there was no declared intent in chapter 96-106 to target frivolous or malicious proceedings in criminal matters. In chapter 97-78, Laws of Florida, the legislature amended section
944.279 by deleting all reference to loss of gain-time and section
944.28(2) and added provisions for disciplinary procedures pursuant to rules of the department provided in section
944.09....
...in such litigation. I cannot agree with that conclusion. In my opinion, the legislature did not intend the language of section
944.28(2)(a) upon which the majority relies to apply to criminal or collateral criminal proceedings. At present, sections
944.279 and
944.28, Florida Statutes (1997), read:
944.279 Disciplinary procedures applicable to prisoner for filing frivolous or malicious actions or bringing false information before court. (1) At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
...(3) Upon the recommendation of the superintendent, the department may, in its discretion, restore all or any part of the gain-time forfeited under this section. (Emphasis added.) The emphasized portion of subsection (2)(a) of section
944.28 is the language upon which the majority relies for its conclusion. Section
944.279 and the portion of section
944.28(2)(a) upon which the majority relies were both enacted as parts of chapter 96-106, Laws of Florida....
...Senate Staff Analysis & Economic Impact Statement for Committee Substitute for Senate Bill 8, dated September 27, 1995, and revised October 11, 1995, at 1-2 (on file in the Florida State Archives). Any remaining doubt regarding this proposition is removed by subsection (2) of section
944.279, as originally adopted"This section does not apply to a criminal proceeding or a collateral criminal proceeding." Thus, section
944.279 and the language of section
944.28(2)(a) upon which the majority relies were initially intended to create a sanction that might be used only when an inmate engaged in frivolous or malicious civil litigation. It was necessary to add the language upon which the majority relies to section
944.28(2)(a) to make it clear that an inmate might be subject to forfeiture of gain-time for the reasons set out in section
944.279, as well as for the other reasons which were already enumerated in subsection (2)(a). In 1997, the legislature amended section
944.279 as follows (added language is underscored, and deleted language is struck through):
944.279 Disciplinary procedures applicable to prisoner Loss of gain time for filing frivolous or malicious actions or bringing false information before court. (1) At any time, and upon its own motion or on motion of a party, a court may conduct an...
...(3) For purposes of this section, "prisoner" means a person who is convicted of a crime and is incarcerated for that crime or who is being held in custody pending extradition or sentencing. Ch. 97-78, § 14, at 447-48, Laws of Fla. Section
944.28(2)(a) was left unchanged. It seems to me that the 1997 amendments to section
944.279 were intended to clarify that those who had not yet been sentenced or who were awaiting extradition (and thus would not be able to earn gain-time), as well as those who had been sentenced, would be subject to discipline for frivolous...
...I am unable to glean from the 1997 amendments any intent to extend the sanction of forfeiture of gain-time to frivolous or malicious criminal or collateral criminal litigation. It seems to me that, because they were both adopted as parts of chapter 96-106, section
944.279 and the language of section
944.28(2)(a) upon which the majority relies must be read in pari materia, and as intended to remedy the problems identified in the preamble to that act....
...State,
703 So.2d 1176, 1178 (Fla. 5th DCA 1997) (Griffin, C.J., specially concurring). I would deny the state's motion for sanctions in its entirety on the ground that this is a collateral criminal proceeding and that, therefore, the procedures outlined in sections
944.279 and
944.28 for forfeiture of gain-time when an inmate engages in frivolous or malicious litigation or "knowingly or with reckless disregard for the truth br[ings] false information or evidence before the court" are inapplicable....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 3193926, 2012 Fla. App. LEXIS 13002
...On the merits, we affirm the trial court’s order in its entirety. We write only to address the frivolous nature of this appeal and the grounds for directing that a certified copy of this opinion be forwarded to the appropriate correctional institution, as provided by section 944.279, Florida Statutes, which states: “A prisoner who is found by a court to have brought a frivolous ... claim, proceeding, or appeal in any court of this state ... is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.” § 944.279(1), Fla....
...State,
962 So.2d 1026, 1027-28 (Fla. 3rd DCA 2007) (prohibiting appellant from filing further pro se pleadings after appellant filed repetitive pleadings making the same argument, and sending a certified copy of the opinion to the Department of Corrections pursuant to section
944.279, Florida Statutes, for consideration of sanctions pursuant to section
944.28, Florida Statutes)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 13058, 2011 WL 3627692
...Because he made the same arguments in a previous rule 3.800(a) motion, the instant motion was denied as it was successive. See McCrae v. State,
437 So.2d 1388, 1390 (Fla.1983). Accordingly, we denied the belated appeal by separate order. On that same date, this Court also entered a show cause order pursuant to section
944.279, Florida Statutes (2010), and State v....
...5th DCA 1995) (“Enough is enough.”). Any additional pleadings regarding this case will be accepted only if signed by a member in good standing with The Florida Bar. See Floyd v. State,
62 So.3d 1228, 1229 (Fla. 5th DCA 2011); Durr v. State,
57 So.3d 264 (Fla. 5th DCA 2011). Section
944.279, Florida Statutes (2010), reads in part:
944.279....
...he rules of the Department of Corrections.... (Emphasis added). The Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate corrections institution for consideration of disciplinary procedures. See §§
944.09,
944.279(1),
944.28(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 3965110, 2012 Fla. App. LEXIS 15327
...filing the information. Prisoners are cautioned that the filing of frivolous post-conviction challenges will not be tolerated. The clerk is directed to send a certified copy of this opinion to the appropriate institution for disciplinary procedures. § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 13429, 2010 WL 2975422
...State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate Department of Corrections institution or facility pursuant to section *777
944.279(1), Florida Statutes (2010), for consideration of disciplinary procedures....
...David Isom moves for rehearing, following this Court's opinion barring him from filing further pro se pleadings and directing the Clerk of this Court to forward a certified copy of the opinion to the Department of Corrections (DOC) for consideration of disciplinary procedures under section
944.279(1), Florida Statutes (2010). Citing Hall v. State,
752 So.2d 575 (Fla. 2000), Isom contends that this Court lacks the authority to suggest that DOC discipline him for his abuse of the court system. Section
944.279 was amended, effective October 1, 2004, and now provides:
944.279....
...The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s.
944.09. (2) This section does not apply to a criminal proceeding. §
944.279(1) & (2), Fla. Stat. (2010) (emphasis added). [1] The amendment was intended to nullify the Florida Supreme Court's decision in Hall, which held that the pre-amendment version of section
944.279 did not authorize disciplinary proceedings in collateral criminal proceedings....
...sciplinary sanction, it is authorized to recommend that DOC take this action when it finds that the prisoner has brought a frivolous or malicious collateral criminal proceeding. REHEARING DENIED. PALMER and LAWSON, JJ., concur. NOTES [1] Previously, section 944.279(2) read: "This section does not apply to a criminal proceeding or a collateral criminal proceeding. " § 944.279(2), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 18893, 2012 WL 5349572
...o se filings by Woodson will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 3119389
...not been reviewed and signed by an attorney who is a duly licensed member of the Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 5450924, 2013 Fla. App. LEXIS 15521
...ley unless the document has been reviewed and signed by a member in good standing of the Florida Bar. The Clerk is *115 directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 4207802
...e Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough.") The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures See §
944.279(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 4865029
...e from the state, which in turn caused the trial court to consider and rule on the motion on an expedited basis. We cautioned Coney that he would be referred to prison officials for disciplinary procedures if his petition was false or frivolous. See § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 4372, 2011 WL 1167642
...On July 6, 2009, appellant moved pro se to reinstate the petition for writ of mandamus. Observing that appellant had already been directed to refrain from further pro se filings in the Second Judicial Circuit, the court struck the motion and requested that DOC consider disciplinary measures against appellant pursuant to section 944.279, Florida Statutes (2009)....
...That appellant has disregarded a clear order of the circuit court to refrain from future pro se filings merely reinforces the frivolity of his claims. To dissuade appellant from bringing any similar such motions or pleadings, we conclude that further sanctions are appropriate. See § 944.279(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 504060
...In light of the assertion made by Nixon in his petition, under penalty of perjury, that he had requested his trial counsel to pursue an appeal, we direct that a certified copy of this opinion be forwarded to the appropriate institution, pursuant to section 944.279(1) of the Florida Statutes (2004), which subjects a prisoner to disciplinary procedures if he knowingly or with reckless disregard for the truth brings false information or evidence before the court....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 305, 2011 Fla. LEXIS 1483, 2011 WL 2472990
...Former subdivision (h) (Habeas Corpus) is redesignated subdivision ( l ) in keeping with the Court's amendments to rule 3.850. The Joint Committee's last proposed amendment to rule 3.850 provides for sanctions under certain circumstances. In light of section 944.279(1), Florida Statutes (2010), we adopt new subdivision (m) [4] as modified. Under section 944.279(1), a prisoner is subject to possible discipline upon certification by a court that a claim or proceeding is either frivolous or malicious....
...[4] As submitted by the Joint Committee, the sanction provision appeared in subdivision ( l ). The Court's sua sponte amendment to the rule in adding the paragraph addressing belated discretionary review resulted in the redesignation. [5] Subsection (1) of section 944.279 provides in pertinent part as follows: At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
...Department of Corrections. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s.
944.09. §
944.279(1), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2017 WL 3044671, 2017 Fla. App. LEXIS 10418
...3d DCA
2005).
Additionally, any such further and unauthorized pro se filings by Roberts
may subject him to appropriate sanctions, including the issuance of written
findings forwarded to the Department of Corrections for its consideration of
disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla.
Stat....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 10693, 2016 WL 3713758
...2015, prohibiting Jimenez from filing further pro se pleadings, motions, or
petitions. The trial court also adjudged that any violation of its order would result
in the trial court referring the matter to the Department of Corrections for
appropriate disciplinary action pursuant to section 944.279, Florida Statutes
(2015).
Jimenez has filed at least five pro se motions for post-conviction relief
pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850, and multiple
petitions for writs of habeas corpus—both at the state and federal level....
...3d DCA
2005).
Additionally, any such further and unauthorized pro se filings by Jimenez
may subject him to appropriate sanctions, including the issuance of written
findings forwarded to the Department of Corrections for its consideration of
disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla.
Stat....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2006 WL 3523761
...However, he admits that he did sign the factually incorrect belated appeal petition. In light of the patent evidence of perjury, and to protect the sanctity of the court proceedings, this court not only denies Rivera's petition, but also imposes the sanction of section 944.279(1), Florida Statutes, which states in pertinent part: A prisoner who is found by a court to have ....
...t to the rules of the department as provided in s.
944.09. Accordingly, we direct the Clerk of this court to forward a certified copy of this opinion to the Tomoka Correctional Institution for the consideration of disciplinary procedures pursuant to section
944.279(1), Florida Statutes (2005), and request that a copy of the disposition report be forwarded to this court and the attorney general's office....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1999 WL 1082495
...We prohibit appellant from filing any more frivolous appeals, pleadings, petitions, or motions. There will be consequences if he persists. First, any future violations of this court's instruction will result in an order directed to the Department of Corrections to forfeit appellant's gain time pursuant to sections
944.279;
944.28(2)(a), Florida Statutes (1977)....
...GRIFFIN, J., concurring specially. I concur because the majority opinion is consistent with prior case law of this court. I continue to maintain, however, as I did in Bradley v. State,
703 So.2d 1176 (Fla. 5th DCA 1997) (Griffin, J., dissenting), that when section
944.279 was enacted, criminal appeals were not intended by the legislature to be included....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 3499926
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless it is filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See section 944.279(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 4436543, 2013 Fla. App. LEXIS 13046
...State,
1 So.3d 1253 (Fla. 4th DCA 2009); Fla. R.Crim. P. 3.140(g); see also Fla. R.Crim. P. 3.140(o). The Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. §
944.279(1), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 13373, 2008 WL 3540219
...of appellate counsel on the merits. We further directed Jones to show cause why sanctions, including but not limited to referral of this matter to the Department of Corrections for the institution of disciplinary proceedings pursuant to section *553 944.279(1), Florida Statutes, should not be imposed for knowingly or recklessly bringing false information or evidence before the court....
...responsibility for his actions. See Allen v. State,
746 So.2d 1247 (Fla. 1st DCA 1999). Accordingly, we hereby find that petitioner either knowingly or recklessly brought false information before the court in this proceeding, and in accordance with section
944.279(1), direct that a certified copy of this order be forwarded to petitioner's institution for disciplinary procedures pursuant to the rules of the Department of Corrections....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4086986
...he Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("enough is enough"). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 13688, 2014 WL 4346189
...unauthorized pro se filings by this defendant will subject him to appropriate
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for its consideration of disciplinary action, including
the forfeiture of gain time. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 14477, 2010 WL 3766859
...We remind circuit courts that, when faced with an excessive motion, they may dismiss the motion with leave to amend or issue an order to show cause why the motion should not be dismissed without prejudice. Schwenn v. State,
958 So.2d 531, 533 (Fla. 4th DCA 2007). Courts also may avail themselves of the remedy provided in section
944.279(1), Florida Statutes: At any time, and upon its own motion or on motion of a party, a court may conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
...is subject to disciplinary procedures pursuant to the rules of the Department of Corrections. The court shall issue a written finding and direct that a certified copy be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s.
944.09. §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 32 Fla. L. Weekly Fed. D 2332
...We write to reject these claims once and for all and to caution the appellants that continued filing of repetitive claims will result in this court no longer accepting their pro se filings and other sanctions. State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
action, including the forfeiture of gain time. See § 944. 279(1), Fla. Stat. (2018). Affirmed. Order to show
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13630, 2010 WL 3564598
...out of his criminal convictions. See State v. Spencer,
751 So.2d 47 (Fla. 1999). Furthermore, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 15440, 2010 WL 3927307
...State,
932 So.2d 545, 546-47 (Fla. 5th DCA 2006) (petitioner who lied under oath at commissioner’s hearing had request for belated appeal denied and certified copy of the opinion was forwarded to correctional institution for consideration of disciplinary procedures pursuant to §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 15038, 2010 WL 3893953
...Any such motions or petitions filed by the Defendant will be rejected and not ruled upon. The Defendant is cautioned that further abuses of the judicial process could result in additional sanctions, including, but not limited to, sanctions under either Florida Statute §
944.279 or §
944.28(2)(a) (disciplinary action, loss of gain time)....
...In an order dated and entered March 23, 2010, the trial court dismissed the November 9, 2009 filings and the March 5, 2010 amended motion, ordered that a certified copy of the order be forwarded to O'Berry's institution for disciplinary procedures pursuant to sections
944.279(1) and
944.28(2)(a), Florida Statutes, and also prohibited O'Berry "from filing any further pro se pleadings challenging his convictions and sentences." That order is the subject of the instant appeal....
...bly successive and without merit." Because the grounds are either not cognizable, untimely, or insufficient, we agree that the motion was properly dismissed and affirm that portion of the order, as well as the recommendation of sanctions pursuant to section 944.279, Florida Statutes, as we agree with the finding that the new filings constituted a frivolous collateral criminal proceeding....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 5848628, 2013 Fla. App. LEXIS 17317
...rmed on appeal by this court. Accordingly, we direct the clerk of the court to forward a copy of this opinion to the appropriate institution within the Department of Corrections for consideration of disciplinary measures against Sinclair pursuant to section 944.279(1), Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4442499
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 5779566, 2013 Fla. App. LEXIS 17119
...he Florida Bar. A certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in section 944.279, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...Appellant is cautioned that abusive,
repetitive, malicious, or frivolous filings will result in sanctions
such as a bar on pro se filing in this court or referral to prison
officials for disciplinary proceedings, which may include forfeiture
of gain time. See State v. Spencer,
751 So. 2d 47 (Fla. 1999); see
also §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 16846, 2014 WL 5151624
...l claims in a criminal
proceeding. State v. Spencer,
751 So. 2d 47 (Fla. 1999). Other possible sanctions
include the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 WL 5375080, 2011 Fla. App. LEXIS 17792
...pers in this court. We disagree, relying upon our holding in Wimberly v. State,
50 So.3d 785 (Fla. 4th DCA 2010). In Wimberly, the court held: "`[a] claim need not be repetitive to be frivolous or to be an abuse of the post-conviction process. Under section
944.279, a court may sanction any frivolous post-conviction filing and/or appeal regardless of the prisoner's history of filing.'" Id....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20446, 2012 WL 5933004
...State,
1 So.3d 1253, 1254 (Fla. 4th DCA 2009). Defendant is cautioned that abusive, repetitive, malicious, and/or other frivolous filing may result in sanctions, such as a bar on pro se filing in this court, and/or referral to prison officials for disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 5869907, 2012 Fla. App. LEXIS 20228, 37 Fla. L. Weekly Fed. D 2682
PER CURIAM. We affirm the trial court’s order denying appellant’s untimely postconviction motion. The order referred appellant to prison officials for disciplinary proceedings for having filed a frivolous collateral criminal proceeding. § 944.279(1), Fla....
...Prisoners who file frivolous collateral proceedings such as these seriously impact the court system’s ability to redress valid claims. The trial court acted appropriately and within its discretion in referring appellant to prison officials under section 944.279(1), Florida Statutes. Frivolous filings should be sanctioned in some form, whether by the court or referral to prison officials under section 944.279(1)....
...See Marc v. State,
46 So.3d 1045 (Fla. 4th DCA 2010), rev. denied,
59 So.3d 108 (Fla.2011). While this generally would not excuse the movant’s frivolous filing, as he or she is ultimately responsible for what is presented to the court, we believe that section
944.279 authorizes prison officials to investigate and impose sanctions on prisoners who prepare frivolous filings on behalf of others....
CopyCited 1 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 653, 2011 Fla. LEXIS 2739, 2011 WL 5573935
direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2011), to forward a certified
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17159, 2010 WL 4483493
...show cause within twenty days why this court should not impose the sanction of no longer accepting his pro se filings and why it should not refer appellant to prison officials for disciplinary proceedings. State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 1814167, 2014 Fla. App. LEXIS 6802
...lings by this defendant will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2016 WL 1742702, 2016 Fla. App. LEXIS 6648
...4th DCA 2000) (“Untimely post-conviction challenges, which do not
establish an exception to the two-year time limit, are abusive and sanctionable, and
an appeal from the denial of an untimely claim is frivolous when no arguable basis
for an exception to the time limitation exists.”). Accordingly, pursuant to section
944.279, Florida Statutes, we direct the Clerk to forward a certified copy of this
opinion to the Department of Corrections for appropriate disciplinary action
3
against Carroll. See Fails v. State,
137 So. 3d 623, 624 (Fla. 1st DCA 2014)
(citing Ibarra v. State,
45 So. 3d 911 (Fla. 4th DCA 2010), for the proposition that
a show cause order is not required before imposing sanctions under section
944.279); Cooper v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 2197750, 2014 Fla. App. LEXIS 8094
...4th DCA), mandamus dismissed,
90 So.3d 271 (Fla.2012). Accordingly, the Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 2149839
...e Florida Bar. See Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) ("enough is enough"). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1484944
...fendant to show good cause why he should not be prohibited from filing further pro se matters with this court in case number 95-21337 and why this court should not recommend to the Department of Corrections that it sanction the defendant pursuant to section 944.279, Florida Statutes (2006)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 WL 2099759, 2014 Fla. App. LEXIS 7639
...Because this court previously has warned appellant about filing frivolous post-conviction motions, we direct the Clerk of this Court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 1359619
...Any more pleadings regarding these cases will *175 be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...filings concerning this case unless they are filed by a member in
good standing of The Florida Bar. Appellant is warned that any
filings that violate the terms of this opinion may result in a referral
to the appropriate institution for disciplinary procedures as
provided in section 944.279, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 24 Fla. L. Weekly Fed. D 621
...Hays asks leave to file a motion in circuit court alleging newly discovered evidence in the form of a letter from a pharmaceutical company. We do so, however, without prejudice to the pursuit of administrative remedies at DOC. The circuit court also found Mr. Hay's petition frivolous, citing section 944.279(1), Florida Statutes (1997), which provides that a prisoner "who is found by a court to have brought a frivolous ......
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 963496, 2014 Fla. App. LEXIS 3610
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 2420362, 2013 Fla. App. LEXIS 8840
...Lake unless that paper has been signed by a member in good standing of The Florida Bar and that member certifies that a good faith basis exists for each claim presented. Further, we direct the Clerk to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 2562376, 2017 Fla. App. LEXIS 8730
...The brief filed by Appellant did not present a colorable argument for reversal of the trial court’s order. Because we find this appeal to be frivolous, we direct the clerk to forward a certified copy of this opinion to the Department of Corrections for appropriate disciplinary action against Appellant. See § 944.279, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 11162, 2010 WL 2975499
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 11376
...unauthorized filings by Corner will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1910186
...Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant Prater appeals the trial court's order directing the clerk of courts to forward a certified copy of an underlying appealable order to the New River Correctional Institution pursuant to section
944.279(1), Florida Statutes (2004). We find such an order to be a non-appealable, non-final order. See, e.g., Yasir v. Hancock,
868 So.2d 670 (Fla. 2d DCA 2004) (defendant seeking review of trial court's recommendation of sanctions under section
944.279 appealed the order that found his pleading frivolous, not the order directing the court to forward the written findings)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 WL 18723
...Apparently, he also filed a copy of his fourth complaint seeking declaratory relief with the court that entered the conviction in his criminal case. Because that court had prohibited Maddrie from further pro se filings (as a sanction for his abusive filing), he was referred to prison officials for disciplinary proceedings. § 944.279, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 331545, 2013 Fla. App. LEXIS 1650
...lous motions this court has dealt with recently. E.g., Collins v. State,
97 So.3d 305, 306 (Fla. 4th DCA 2012). As in that case, we direct the clerk to send a certified copy of this opinion to the appropriate institution for disciplinary action, see §
944.279(1), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 54, 2001 Fla. LEXIS 63, 2001 WL 58508
...State,
736 So.2d at 12 . We answer the question in the negative. Further, we hold that if a writ petition challenges the petitioner’s underlying criminal conviction or sentence, it is a collateral criminal proceeding and thus neither section
944.28(2)(a) nor section
944.279, Florida Statutes (1999), may be used to impose discipline or sanctions....
...State,
752 So.2d 575 (Fla.2000), holding, in pertinent part, and consistent with Judge Webster’s dissent, that a post-conviction motion and its appeal are “collateral criminal proceedings” and sanctions cannot be invoked under section
944.28 because that statute must be construed together with section
944.279, which prohibits the invocation of these statutory sanctions in criminal or collateral criminal proceedings. In Hall this Court expressly disapproved of the First District’s decision in this case (Saucer) to the extent that it held that recent statutory amendments to section
944.279 had intended to allow the State to sanction an inmate by forfeiting gain time even if the sanctioned action was criminal or collateral criminal....
...Since Saucer filed a petition for writ of habeas corpus in the First District seeking a belated appeal of his criminal conviction, the subject matter of his petition should be characterized as collateral criminal and our decision in Hall controls. Hence, we reaffirm that sections
944.28(2) and
944.279 may not be utilized to invoke sanctions in these proceedings. Accordingly, although the district court found Saucer’s habeas petition to be untruthful, it could not invoke section
944.28(2)(a) or
944.279 to sanction Saucer....
...pinion. It is so ordered. *264 WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur. . Specifically, the First District found that Saucer had knowingly or recklessly brought false information or evidence before the court. Section
944.279(1) provides for discipline when a court makes any of a number of findings including that the prisoner (1) brought a frivolous or malicious action or appeal; (2) knowingly or recklessly brought false information or evidence before the court, or (3) violated a law or prison regulation. Section
944.28(2)(a) provides the Department with the statutory authority to discipline inmates who have violated section
944.279(1) by forfeiting gain time....
...y "recommend”) that the Department of Corrections sanction an inmate by gain time forfeiture. . As indicated above, while section
944.28(2)(a) does not contain an express collateral criminal prohibition, this Court held in Hall that it was tied to section
944.279, which does contain such a prohibition....
...ain action seeking to take land for a public purpose. In such cases, the “civil” nature of the action refers to the subject matter, not to the person or entity bringing the action. . We note that while the district court could not utilize either section
944.279 or
944.28(2)(a) to sanction Saucer, it has long been held that the courts have inherent power to impose sanctions upon finding a pleading frivolous or otherwise improper....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 422, 2011 WL 198393
...unless they are signed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2010) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 692118, 2013 Fla. App. LEXIS 3195
...that abusive, repetitive, malicious, and/or other frivolous filing may result in sanctions, such as a bar on pro se filing in this court, and/or referral to prison officials for disciplinary procedures. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 5164, 2008 WL 463682
...rida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough.”) The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 69581
...Butterworth, Attorney General; Charlie McCoy, Assistant Attorney General, Tallahassee, for appellee. WOLF, J. Appellant raises a number of issues on appeal, only one of which merits discussion: Whether the trial court had jurisdiction to make a finding pursuant to section
944.279, Florida Statutes, that appellant, a prisoner, had brought a frivolous action when appellant had previously voluntarily dismissed that action. We find that the purpose of section
944.279 and section
944.28(2), Florida Statutes, is similar to that of section
57.105, Florida Statutes, which is to preclude the filing of frivolous litigation....
...Hook,
648 So.2d 305, 307 (Fla. 2d DCA 1995). We, therefore, hold that the filing of a notice of voluntary dismissal by a prisoner does not divest a trial court of the requisite jurisdiction to enter an order authorizing sanctions in accordance with section
944.279 and section
944.28(2)(a), Florida Statutes (1997)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 562041, 2014 Fla. App. LEXIS 1978
...er the past year alone. 1 Accordingly, we direct the clerk of the court to forward a copy of this opinion to the appropriate institution with the Department of Corrections for consideration of disciplinary measures against the petitioner pursuant to section 944.279(1), Florida Statutes....
...raised the issue he asserts herein. In case number ID 13-4813, this court dismissed a habeas corpus petition raising the same issue and referred the petition to the Department of Corrections for potential sanctions against the petitioner pursuant to section 944.279(1), Florida Statutes.
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 513728, 2013 Fla. App. LEXIS 2243
...1 Accordingly, by separate order, Tukes shall show cause why he should not be barred from filing any further pro se appeals in this court, challenging his conviction or sentence for robbery with a firearm in case number 01-19111 CF10A. See State v. Spencer,
751 So.2d 47, 49 (Fla.1999); §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 268795
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 18660, 35 Fla. L. Weekly Fed. D 2693
...h reckless disregard for the truth, brought false information before the courts. We therefore direct the clerk of this court to deliver a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 20494, 2009 WL 5152593
...less signed by a member in good standing of The Florida Bar. If petitioner violates this order, he may be subject to further appropriate sanctions, including disciplinary procedures pursuant to the rules of the Florida Department of Corrections. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 20234, 2010 WL 5306525
...Further, the Clerk of this Court is directed to accept no further pro se filings from Perry; if received, such documents shall be returned to Perry without filing and with a reference to this order. The Clerk shall also forward a certified copy of this order to the Department of Corrections pursuant to section 944.279, Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20501, 2011 WL 6439383
...rejected by the Clerk unless filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of available disciplinary procedures. See § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 19757, 2010 WL 5184733
...See Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk of this Court is further directed to forward a certified copy of this opinion to the appropriate Department of Corrections institution or facility pursuant to section
944.279(1), Florida Statutes (2010), for consideration of disciplinary procedures....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 3751081
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 3587004, 2012 Fla. App. LEXIS 14006
...er in good standing of The Florida Bar. No motion for rehearing shall be entertained. Further, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...The State answers that the
sanction was appropriate because Roland previously raised this issue and
his claim was not cognizable in the pleading.
A court may refer a prisoner who has filed a frivolous postconviction
motion to the Department of Corrections for disciplinary proceedings
under section 944.279, Florida Statutes. “Under section 944.279, a court
may sanction any frivolous post-conviction filing and/or appeal regardless
of the prisoner’s history of filing.” Johnson v....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5564, 2011 WL 1485976
...se filings by this defendant will subject him to appropriate sanctions, Spencer,
751 So.2d at 49 , and a recommendation to the Florida Department of Corrections that the Department take disciplinary action, including the forfeiture of gain time. See §
944.279(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 WL 1305707, 2014 Fla. App. LEXIS 4813
...ne and the same. “A prisoner who is found by a court to have brought a frivolous ... claim, proceeding, or appeal in any court of this *1225 state ... is subject to disciplinary procedures pursuant to the rules of the Department of Corrections.” § 944.279(1), Fla....
...State,
94 So.3d 655, 657-58 (Fla. 1st DCA 2012) (prohibiting appellant from filing further pro se pleadings after appellant filed repetitive pleadings making the same argument, and sending a certified copy of the opinion to the Department of Corrections pursuant to §
944.279, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
State v. Spencer ,
751 So.2d 47, 48 (Fla. 1999) ; §
944.279(1), Fla. Stat. (2018). PETITION FOR WRIT OF HABEAS
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2937, 2009 WL 838320
...that are without merit. He is cautioned that the continued filing of frivolous pleadings will result in the sanction of non-acceptance of his pro se filings and may result in referral to the Department of Corrections for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...The
postconviction court denied his motion as successive and issued a
warning that if he continued to file frivolous, successive pro se
motions, he would be referred to the Department of Corrections
(“DOC”) for the imposition of disciplinary proceedings under
section 944.279(1), Florida Statutes, and he could also be
prohibited from submitting pro se filings in the future....
...3d 64, 65 (Fla. 1st DCA 2014). The
court must also demonstrate that the inmate has abused the
judicial process. State v. Spencer,
717 So. 2d 95, 96 (Fla. 1st DCA
1998). Conversely, a court can refer an inmate to the DOC for
disciplinary proceedings under section
944.279 based on frivolous
court filings without giving him notice or an opportunity to
respond....
CopyPublished | Florida 1st District Court of Appeal
...9.141(d)(5). A
certified copy of this opinion shall be provided to the Florida Department of
Corrections to be forwarded to the appropriate institution or facility for disciplinary
procedures pursuant to the rules of the Department as provided in section 944.279,
Florida Statutes (2013)....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4779616, 2013 Fla. App. LEXIS 14430
...dings, petitions, motions, documents, or other filings submitted by Edward L. Brown, DC# 104582, unless signed by a member in good standing of the Florida Bar. If Mr. Brown violates this order, he may be subject to further appropriate sanctions. See § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13395, 2010 WL 3488719
...umented history of abusive postconviction filing in the courts of this state, [2] we ordered Huffman to show cause why he should not be referred to prison officials for disciplinary procedures and prohibited from further pro se filing in this court. § 944.279(1), Fla....
...Huffman's response to this court's order to show cause does not excuse his untimely and frivolous filings in these cases. The courts and people of this state must be protected. We therefore direct the clerk of this court to forward a copy of this opinion to *893 the appropriate institution for disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
brought before the Court by a state prisoner. See §
944.279(1), Fla. Stat. (2022). Accordingly, we direct
CopyPublished | Florida 3rd District Court of Appeal
...ctions,
including an order directing the clerk of this court not to accept any future
filings from Petitioner concerning circuit court case number F12-19634
unless such filings are signed by a member in good standing of The Florida
Bar. See also § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 3879291
by it for disciplinary action, pursuant to section
944.279(1) of the Florida Statutes. Order issued
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14871, 2006 WL 2548577
...Upon this stipulation, we now prohibit him from filing any additional pro se appeals, pleadings, motions, or petitions relating to this conviction and sentence. We also ordered defendant to show cause why we should not sanction him pursuant to section
944.28(2)(a), Fla. Stat. (2005) and section
944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3826204, 2012 Fla. App. LEXIS 14849
...Appellant is cautioned against future motions, petitions or appeals raising the same challenges to his sentence in this case. Such attempts will result in referral to the appropriate institution for consideration of disciplinary procedures which may include forfeiture of gain time, see § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3824049, 2012 Fla. App. LEXIS 14848
...We are constrained by the caselaw to reverse. On remand, the court may attach the records refuting the claim. The defendant is cautioned that sanctions may be imposed if he initiates a frivolous appeal. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Court warns Appellant that any future filings
that this Court determines to be frivolous may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...further pro se filings in this Court related to the judgment and
sentence in Alachua County Circuit Court Case 2011-CF-4346-A,
2
and a referral of this matter to the Department of Corrections for
disciplinary action under section 944.279, Florida Statutes (2020).
DISMISSED.
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this Court determines to be frivolous or malicious may result in
the imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...2004)).
The Court warns Appellant that any future filings that this
Court determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that the filing of any other pleadings
deemed by the court to be meritless may result in sanctions, including but not
limited to a prohibition on pro se filings and a referral to the Department of
Corrections for disciplinary action under section 944.279, Florida Statutes....
CopyPublished | District Court of Appeal of Florida
for disciplinary procedures as provided in section
944.279, Florida Statutes (2019) (providing that “[a]
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this Court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this Court and a referral to the appropriate institution
for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 14191, 2010 WL 3714591
...5th DCA 2006) (petitioner who lied under oath at the Commissioner’s hearing had his request for a belated appeal denied, plus this court’s directed that a certified copy of his opinion be forwarded to the Correctional Institution for the consideration of disciplinary procedures pursuant to § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...olous
may result in the imposition of sanctions, including a prohibition
against any further pro se filings in this court and a referral to the
appropriate institution or facility of Florida Department of
Corrections for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings that this
court determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2019) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2000).
The Court warns Appellant that any future filings that this Court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 15030, 2011 WL 4398161
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So
CopyPublished | Florida 3rd District Court of Appeal
action, including the forfeiture of gain time. See § 944. 279(1), Fla. Stat. (2018). Affirmed. Order to show
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4158807
...Appellant is warned that the filing of any other pleadings deemed by the court to be meritless may result in sanctions, including but not limited to a prohibition on pro se filings and a referral to the Department of Corrections for disciplinary action under section 944.279, Florida Statutes’....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this Court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this Court and a referral to the appropriate institution
for disciplinary procedures as provided in section 944.279, Florida
Statutes (2019) (providing that a prisoner who is found by a court
to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal is subject to disciplinary procedures
pursuant to the rules of the Department of Corrections).
LEWIS and NORDBY, JJ., concur; B.L....
...from continuously filing frivolous petitions, thus enabling the
Court to devote its finite resources to those who have not abused
the system.”)). The Legislature has also recognized that prisoners
should not be allowed to file meritless and abusive collateral
appeals. See § 944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 15256, 2006 WL 2632297
...Any pleadings regarding this case will be summarily rejected by the Clerk, unless filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary action. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 4033681, 2012 Fla. App. LEXIS 15454
...d sentence); Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 4033687, 2012 Fla. App. LEXIS 15453
...because Plucinik made these allegations under oath, he has committed perjury. His mendaciousness is demonstrated by our own records as well as published opinions in his case. We further agree with the State’s contention that sanctions pursuant to section 944.279(1), Florida Statutes, are appropriate....
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So
CopyPublished | Florida 3rd District Court of Appeal
...Additionally, any such further and unauthorized pro se filings by Rogers may subject him to appropriate sanctions, including the issuance of written findings forwarded to the Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Additionally, any such further and unauthorized pro se filings by Rogers may subject him to appropriate sanctions, including the issuance of written findings forwarded to the Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3964993, 2012 Fla. App. LEXIS 15320
...Appellant has initiated numerous untimely and meritless postconviction challenges and appeals. He appears to have brought false information before the court. He is cautioned that abuse of postconviction relief procedures may result in sanctions. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
for disciplinary procedures as provided in section
944.279, Florida Statutes (2023) (providing that “[a]
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3934920, 2012 Fla. App. LEXIS 15110
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 14621, 2006 WL 2516489
...Additional pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member of the Florida Bar in good standing. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 14611, 2006 WL 2516475
...Holloman, and any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5566685, 2013 Fla. App. LEXIS 16015
...ccessive filings could result in sanctions. We again reiterate this warning and stress that future frivolous appeals will be viewed unfavorably by this court and may result in Whittey’s referral to the Department of Corrections for discipline. See § 944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 15184, 2009 WL 3230452
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("enough is enough"). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2016) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 15055, 2010 WL 3894595
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that
any future filings that this Court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se filings in this Court and
a referral to the appropriate institution for disciplinary procedures as provided in
section 944.279, Florida Statutes (2016) (providing that a prisoner who is found by a
court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to
disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 14841
...Any such further and unauthorized pro se filings by Corner will subject him
to sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 618, 2012 WL 4667238, 2012 Fla. LEXIS 1926
...8 After considering Green’s response, we conclude that it fails to show cause why sanctions should not be imposed. We further conclude that Green’s procedurally barred petition filed in this case is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279, Fla....
...ar. Counsel may file on Green’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 9 Furthermore, since we have found Green’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2011), to forward a certified copy of this opinion to the Department of Corrections’ institu *360 tion or facility where Danny A....
CopyPublished | Florida 1st District Court of Appeal
State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla. Stat (2018). AFFIRMED . Rowe, Osterhaus
CopyPublished | Florida 1st District Court of Appeal
disciplinary procedures *254as provided in section
944.279, Florida Statutes (2018) (providing that a
CopyPublished | Florida 1st District Court of Appeal
...ous,
or frivolous filings will result in sanctions such as a bar on pro se
filing in this Court or referral to prison officials for disciplinary
proceedings, which may include forfeiture of gain time. See State
v. Spencer,
751 So. 2d 47 (Fla. 1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Court warns Petitioner that any future filings
that this Court determines to be frivolous may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 16220, 2015 WL 6613332
...In the two most recent opinions dismissing Hawkins’ petitions, he was warned that any future successive or frivolous filings could result in sanctions, including a referral to the Florida Department of Corrections for disciplinary procedures pursuant to section 944.279, Florida Statutes....
...As such, Hawkins is hereby prohibited from bringing any further pleadings in this court challenging the judgment and sentence in Gadsden County Circuit Court case number 08-656CFA. A certified copy of this opinion shall be provided to the Florida Department of Corrections pursuant to section 944.279, Florida Statutes (2015), for the imposition of disciplinary proceedings pursuant to Department rules....
CopyPublished | Florida 5th District Court of Appeal
...stemming from Marion County Circuit Court Case Number 2017-CF-2047
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....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough
is enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Clerk of this Court
is directed to not accept any filings in this case unless they are
signed by a member in good standing of the Florida Bar.
Additionally, we find this appeal is a frivolous proceeding brought
before this Court by a state prisoner. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 589, 2015 Fla. LEXIS 2415, 2015 WL 6514399
...counsel
determines that the proceeding may have merit and can be filed in good faith.
Additionally, we find that the petition filed by Brian M. Casey in this case is
a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla. Stat. (2014). Consistent with section 944.279(1), Florida Statutes,
we direct the Clerk of this Court to forward a certified copy of this opinion to the
Florida Department of Corrections’ institution or facility where Casey is
incarcerated....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 16528, 2010 WL 4273196
...out on bond, but under some restrictions of his freedom, during the time his case was pending. We find Appellant’s appeal to be frivolous, and write to refer Appellant to the Department of Corrections for disciplinary procedures in accordance with section 944.279, Florida Statutes (2008)....
...ved in jail. On appeal, Appellant merely reargues that the restrictions placed upon him while out on bond should count as time incarcerated. A court may “at any time” determine whether a collateral criminal proceeding is filed in good faith. See § 944.279(1), Fla....
...Therefore, it follows that a person who remains free while on pretrial release, despite some restrictions, is not entitled to credit this time towards his prison sentence. We do not address whether the trial court should have imposed sanctions under section 944.279, Florida Statutes, but note that under the plain terms of the law, any court is authorized to report a frivolous or malicious collateral criminal proceeding to the Department of Corrections for disciplinary proceedings....
...llateral criminal proceeding is frivolous. We direct the clerk of this court to forward a certified copy of this opinion to the appropriate correctional institution for the imposition of disciplinary proceedings against Appellant, in accordance with section 944.279, Florida Statutes (2004)....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 16547, 2010 WL 4257681
...d sentence); Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA
1995) (“Enough is enough.”). The Clerk is further directed to forward a
certified copy of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...of The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA
1995) (“Enough is enough.”). The Clerk is further directed to forward a
certified copy of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 15994
... Any such further and unauthorized pro se filings by Clayton will subject him
to sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for its disciplinary action,
pursuant to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
...of The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA
1995) (“Enough is enough.”). The Clerk is further directed to forward a
certified copy of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 17961, 2006 WL 3039280
...ejected by the Clerk, unless they are filed by a member in good standing with The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...If no action is
taken, Levin will continue to burden the Court’s resources. We
further conclude that Levin’s habeas petition filed in this case is a
-3-
frivolous proceeding brought before the Court by a state prisoner.
See § 944.279(1), Fla....
...Luis Levin that are related to case number
452013CF000958CFAXYX, unless such filings are signed by a
member in good standing of The Florida Bar. Furthermore, because
we have found Levin’s petition to be frivolous, we direct the Clerk of
this Court, pursuant to section 944.279(1), Florida Statutes (2023),
to forward a copy of this opinion to the Florida Department of
Corrections’ institution or facility in which Levin is incarcerated.
No motion for rehearing or clarification will be entertained by...
CopyPublished | Supreme Court of Florida
...legitimate filings”). If no action is taken, Chestnut will continue to
burden the Court’s resources. We further conclude that Chestnut’s
habeas petition filed in this case is a frivolous proceeding brought
before the Court by a state prisoner. See § 944.279(1), Fla....
...Chestnut related to case number 372010CF000410AXXXXX, unless
such filings are signed by a member in good standing of The Florida
Bar. Furthermore, because we have found Chestnut’s petition to be
frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2023), to forward a copy of this
opinion to the Florida Department of Corrections’ institution or
facility in which Chestnut is incarcerated.
No motion for rehearing or clarification will be entertaine...
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 16839, 2011 WL 5057077
...ous filing. As this court noted in Clift v. State,
43 So.3d 778, 778 (Fla. 1st DCA 2010), filings without merit or frivolous filings may result in Appellant’s referral to the Department of Corrections for disciplinary procedures in accordance with section
944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...The Clerk of Court is directed not to accept any
future filings concerning this case unless they are filed by a
member in good standing of The Florida Bar. Any filings that
violate the terms of this opinion may result in a referral to the
appropriate institution for disciplinary procedures as provided in
section 944.279, Florida Statutes.
AFFIRMED.
KELSEY and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 5232830, 2012 Fla. App. LEXIS 18415
...ys, why we should not impose sanctions, including: 1. Prohibiting Arias from filing further pro se pleadings in this Court; 2. Directing the Clerk of this Court to forward a certified copy of this opinion to the Department of Corrections pursuant to section 944.279(1), Florida Statutes (2012), for consideration of disciplinary procedures....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v.
State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough”). The
Clerk is further directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...of The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA
1995) (“Enough is enough.”). The Clerk is further directed to forward a
certified copy of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 15765
...Because we have determined that the petition raised a frivolous claim, the Clerk of this Court is directed to provide a certified copy of this opinion to the Department of Corrections for referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2016) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures *1247 pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 15779, 2009 WL 3364874
...Accordingly, for the same policy reasons discussed by the Fifth District in Svoboda, *979 we deny this petition and direct that a certified copy of this opinion be forwarded to Martin Correctional Institution for the consideration of disciplinary procedures pursuant to section 944.279(1), Florida Statutes (2008)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 15482, 2015 WL 6153964
...-CF which this court determines to be frivolous or successive may result in the imposition of sanctions, including a prohibition against any further pro se filings and a referral to the appropriate institution for disciplinary procedures pursuant to section 944.279, Florida Statutes, (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal
...which
this court determines to be frivolous or successive may result in the imposition of
sanctions, including a prohibition against any further pro se filings and a referral to the
appropriate institution for disciplinary procedures pursuant to section 944.279, Florida
Statutes, (providing that a prisoner who is found by a court to have brought a frivolous
suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant
to the rules of the Department of Corrections)....
CopyPublished | Florida 3rd District Court of Appeal
...by
Petitioner, David Brown, may subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Department of Corrections
for its consideration of disciplinary action, including the forfeiture of gain time.
See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA 2005).
Additionally, any such further and unauthorized pro se filings by
Watson may subject him to appropriate sanctions, including the issuance of
written findings forwarded to the Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See
§ 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...SC05-285)
(notice to invoke administratively dismissed); Schiming v. State, No. SC03-871
(Fla. May 18, 2004) (habeas petition transferred).
-3-
and referred to the Department of Corrections for possible disciplinary action
pursuant to section 944.279, Florida Statutes (2018).
Schiming filed a response to the order to show cause in which he reasserts
that his life sentence is illegal and argues that sanctions would be improper because
this Court has never addressed the merits of his claim....
...We further conclude
that Schiming’s petition for writ of habeas corpus filed in this case, which
represents the eleventh petition in which he has raised the same issue and sought
the same relief, is a frivolous proceeding brought before this Court by a state
prisoner. See § 944.279(1), Fla....
...Counsel may
file on Schiming’s behalf if counsel determines that the proceeding may have merit
-4-
and can be brought in good faith. Furthermore, because we have found Schiming’s
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes, to forward a copy of this opinion to the Florida
Department of Corrections’ institution or facility in which Schiming is
incarcerated.
No motion for rehearing or clarification will be entertained by t...
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 18262, 2012 WL 5044336
...entence); Is-ley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the Department of Corrections for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is cautioned that abusive, repetitive, malicious, or frivolous filings will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...2004).
Petitioner is cautioned that abusive, repetitive, malicious, or
frivolous filings will result in sanctions such as a bar on pro se
filing in this Court or referral to prison officials for disciplinary
proceedings, which may include forfeiture of gain time. See State
v. Spencer,
751 So. 2d 47 (Fla. 1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is cautioned that abusive, repetitive, malicious, or frivolous filings will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Clerk of this
Court is directed to not accept any filings in this case unless they
are signed by a member in good standing of the Florida Bar.
Additionally, we find this appeal is a frivolous proceeding
brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 2918787
...y rejected by the Clerk unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 5628661, 2013 Fla. App. LEXIS 16401
...lorida Bar and -that *966 member certifies that a good faith basis exists for each claim presented. Further, we direct the Clerk to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...claims stemming from Orange County Circuit Court Case No. 2016-CF-
10248-A-O 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....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v.
State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough”). The
Clerk is further directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...gs directed to Brevard
County Circuit Court Case No. 2011-CF-50130-BX 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....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15182
...4D90-2319 and 4D99-1945, we order appellant to show cause within twenty days why this court should not impose the sanction of no longer accepting his pro se filings and why it should not refer appellant to prison officials for disciplinary proceedings. State v. Spencer,
751 So.2d 47 (Fla.199); section
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4840694, 2012 Fla. App. LEXIS 17768
...st any future pro se pleadings concerning Bay County Circuit Court case number 92-0266. Petitioner was warned that any violation of the sanction order could result in referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
...r. In addition, a certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...this court asserting claims stemming from Clay County Circuit
Court Case No. 2009-CF-189 may result in sanctions such as a bar
on pro se filing in this court and a referral to prison officials for
disciplinary proceedings, which may include forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...a Bar. See Isley
v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is
enough.”). The Clerk is further directed to forward a certified copy
of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 16712
...se unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 18745, 2006 WL 3228622
...rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The court warns Appellant that any of his future
filings that it determines to be frivolous may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Clerk
of this Court is directed to not accept any filings in this case unless
they are signed by a member in good standing of the Florida Bar.
Additionally, we find this appeal is a frivolous proceeding
brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal
...6, 2002) (order
dismissing appeal as duplicative); Baity v. State,
265 So. 3d 575
(Fla. 1st DCA 2019) (affirming an order denying a rule 3.850
motion).
The court finds that this appeal is frivolous and refers Baity
to the Department of Corrections for sanctions. See §
944.279, Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 16975, 2008 WL 4791021
...But, while review was still pending in this court, on April 7, 2008, the trial court sanctioned Thomas for filing the pro se notice of appeal that sought review of the Spencer order. The April 7, 2008 order recommended that the Department of Corrections forfeit his gain time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 16600
...unauthorized filings by Henley will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla. Stat. Ray, Kelsey, and Jay, JJ., concur
CopyPublished | Florida 5th District Court of Appeal
...orida Bar. See Isley v. State ,
652 So.2d 409 , 410 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 20590, 2012 WL 5969117
...lorida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough”). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 18979, 2011 WL 5964349
...Appellant is cautioned that any further abusive, repetitive, malicious, and/or frivolous filing will result in sanctions, such as a ban on him filing any pro se papers in this court or referral to prison officials for disciplinary procedures. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 4207864
...5th DCA 2001), review dismissed,
906 So.2d 1058 (Fla. 2005); Isley v. State,
652 So.2d 409 (Fla. 5th DCA 1995). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 18420, 2006 WL 3102299
...Any more pleadings regarding this case' will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 18795, 2013 WL 6183132
...The procedural bar recognized in Baker was brought to Lang’s attention in the court’s opinion disposing of his 2011 petition for writ of habeas corpus raising this same claim. Accordingly, we grant petitioner’s motion requesting that we undertake an inquiry pursuant to section 944.279(1), Florida Statutes (2013), conclude based on that inquiry that Lang’s present petition is frivolous or malicious, and direct that a certified copy of this opinion be forwarded to his correctional institution for disciplinary proce...
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 560, 2016 Fla. LEXIS 2555
...We further conclude that Grimsley’s
habeas corpus petition filed in this case, which represents the ninth petition for writ
of habeas corpus in which he has raised the same issues and sought the same relief,
is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla....
...Counsel may file on Grimsley’s behalf if counsel determines that
the proceeding may have merit and can be brought in good faith.3 Furthermore,
because we have found Grimsley’s petition to be frivolous, we direct the Clerk of
this Court, pursuant to section 944.279(1), Florida Statutes (2016), to forward a
copy of this opinion to the Florida Department of Corrections’ institution or
facility in which Grimsley is incarcerated.
No motion for rehearing or clarification will be entertaine...
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 17481
...unauthorized filings by Pinder will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including the forfeiture of
gain time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 17484
...this
3We note that, since his direct appeal, Williams has filed at least fifteen pro se
postconviction appeals or original proceedings in this court.
6
cause, to the Department of Corrections pursuant to section 944.279(1), Florida
Statutes (2016) for consideration of disciplinary procedures.4
4 That subsection provides:
At any time, and upon its own motion or on motion of a party, a court may conduct
an inquiry into whether any action or appeal brought by a prisoner was brought in
good faith....
CopyPublished | Florida 4th District Court of Appeal | 2011 WL 5864683, 2011 Fla. App. LEXIS 18662
...on appeal, we warn her that filing frivolous actions or appeals may result in sanctions, State v. Spencer,
751 So.2d 47 (Fla.1999), and/or referral to prison officials for consideration of disciplinary procedures which may include loss of gain time. §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...se filings in this Court, asserting claims stemming from Lake
County Circuit Court Case No. 2012-CF-001065, 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....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 20205, 2012 WL 5869995
...se of postconviction relief procedures. The filing of frivolous and/or malicious documents like this will not be tolerated. The Clerk is directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...ons for extraordinary relief, Appellant is cautioned that the filing of additional meritless appeals could subject him to sanctions. See State v. Spencer,
751 So.2d 47 (Fla. 1999); Ardis v. Pensacola State College,
128 So.3d 260 (Fla. 1st DCA 2013); §
944.279, Fla....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 708, 2014 Fla. LEXIS 3431, 2014 WL 6474626
...After considering Clark’s response to the show cause order, we conclude
that the response fails to show cause why sanctions should not be imposed. We
further conclude that Clark’s habeas corpus petition filed in this case is a frivolous
proceeding brought before this Court by a state prisoner. See 944.279(1), Fla....
...Counsel may file on
Clark’s behalf if counsel determines that the proceeding may have merit and can be
brought in good faith.3 Furthermore, because we have found Clark’s petition to be
frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida
Statutes (2014), to forward a certified copy of this opinion to the Florida
Department of Corrections’ institution or facility where Clark is incarcerated.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS,...
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6081763, 2013 Fla. App. LEXIS 18406
...Florida Bar and that member certifies that a good faith basis exists for each claim presented. Further, we direct the Clerk to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6081714, 2013 Fla. App. LEXIS 18432
...4th DCA), mandamus dismissed,
90 So.3d 271 (Fla.2012). Accordingly, the Clerk of this Court is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 6097542, 2013 Fla. App. LEXIS 18524, 38 Fla. L. Weekly Fed. D 2436
...case unless they are filed by a member in good standing of The Florida Bar. Appellant is warned that any filings which violate the terms of this opinion may result in referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 17329, 2007 WL 3224205
...We once again affirm the trial court’s denial of these claims, and caution Vickers that any further attempt to raise this issue again could result in sanctions, including a loss of gain time. See, e.g., Simpkins v. State,
909 So.2d 427, 428 (Fla. 5th DCA 2005); see also §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...or extraordinary relief, Appellant is
cautioned that the filing of additional meritless appeals could subject him to
sanctions. See State v. Spencer,
751 So. 2d 47 (Fla. 1999); Ardis v. Pensacola
State College,
128 So. 3d 260 (Fla. 1st DCA 2013); §
944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18853, 2014 WL 6460496
...Because he
has repeatedly raised the same challenges to his 1996 convictions and
sentences, we issued an order to show cause why he should not be
prohibited from further pro se filing and referred to prison officials for
disciplinary proceedings. See State v. Spencer,
751 So. 2d 47 (Fla. 1999);
see also §
944.279(1), Fla....
...the appeal in this case is frivolous and an abuse of process. As a result,
the Clerk is directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary procedures
pursuant to the rules of the Department of Corrections. See § 944.279(1),
Fla....
CopyPublished | Florida 5th District Court of Appeal
...emming 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....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17670, 2010 WL 4628555
...rida Supreme Court also should be considered. Despite Hostzclaw’s response, this court issued an order directing him to show cause, 3 within twenty days (a period that expired on September 20, 2010), why sanctions should not be imposed pursuant to section 944.279(1), Florida Statutes (2009) (allowing court to recommend disciplinary procedures for prisoner who has “knowingly or with reckless disregard for the truth brought false information or evidence before the court”) (emphasis added), b...
...ng whatever they choose in postconviction proceedings, regardless of truth.”). Accordingly, we direct that a certified copy of this opinion be forwarded to Union Correctional Institution for the consideration of disciplinary procedures pursuant to section 944.279(1), Florida Statutes (2010), because Hostzclaw “knowingly or with reckless disregard for the truth brought false information or evidence before the court.” Simultaneously with this opinion, we are issuing an order directing Wesley...
...ling notice of appeal); that motions are filed within pending cases for which jurisdiction otherwise has been invoked; that a motion to conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith, pursuant to section
944.279, Florida Statutes, should be filed within the action or appellate proceeding,in which the bringing of it in good faith is questioned; and that the proper vehicle to seek review of an order imposing sanctions for frivolous filings is a timely appeal from, or timely petition challenging, that order. . This court has since held, in Ibarra v. State,
45 So.3d 911 (Fla. 4th DCA 2010), that an order to show cause is not required before sanctions may be imposed pursuant to section
944.279(1)....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 19292, 2006 WL 3327693
...We warn appellant that if he again attacks these convictions or sentences, we will likely issue an order pursuant to State v. Spencer,
751 So.2d 47 (Fla.1999), requiring him to show cause why he should not be banned from further pro se filings and for consideration of disciplinary action pursuant to section
944.279(1), Florida Statutes (2005)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17157, 2015 WL 7158360
...Petitioner is warned that any future filings which this court determines to be frivolous or successive may result in the imposition of sanctions, including a prohibition against appearing pro se' in this court and a referral to the appropriate institution for disciplinary procedures. as provided in section 944.279, Florida Statutes (providing that, a prisoner wlio is found by á court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18131, 2011 WL 5561642
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...2d 47 (Fla. 1999).
Additionally, and absent a showing of good cause, this Court may issue an
order to be forwarded to the Florida Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...in this Court asserting claims stemming from Orange County Circuit Court
Case No. 2008-CF-000699-B-O 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....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal
...2005) (holding that life sentence was “not
grossly disproportionate to [Adaway’s] crime of oral union with the
vagina of a girl under the age of twelve”).
We find that Voegele’s appeal is frivolous and refer this
matter to the Department of Corrections for disciplinary
procedures under section 944.279, Florida Statutes.
AFFIRMED.
WINOKUR and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
CopyPublished | Florida 1st District Court of Appeal
...2d 154
(Fla. 5th DCA 2002), Pula v. State,
969 So. 2d 1173 (Fla. 5th DCA
2007) (barring Pula from future pro se filings in the Fifth District).
The court finds this appeal frivolous and refers Pula to the
Department of Corrections for sanctions. See §
944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 1986482
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough.") The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1596888, 2012 Fla. App. LEXIS 7190
...We find no merit in Cooper’s argument that, despite the prior rejection of his Hale claim on the merits, he should be granted habeas relief based on that claim in order to avoid a “manifest injustice.” Indeed, we find Cooper’s habeas petition to be frivolous, and pursuant to section 944.279, Florida Statutes, we direct the Clerk to forward a copy of this opinion to the Department of Corrections for disciplinary action....
CopyPublished | Supreme Court of Florida
...SC18-702,
2018 WL 3239260 (Fla. July 3, 2018). On
November 21, 2019, we denied the instant quo warranto petition and directed
Barringer to show cause why he should not be barred from filing any further pro se
requests for relief and why, pursuant to section
944.279(1), Florida Statutes (2019),
1....
...legitimate filings”). If no action is taken, Barringer will continue to burden the
Court’s resources. We further conclude that Barringer’s quo warranto petition
filed in this case is a frivolous proceeding brought before the Court by a state
prisoner. See § 944.279(1), Fla....
...related to case
number 12000CF001041CFAXWS, unless such filings are signed by a member of
The Florida Bar in good standing. Furthermore, because we have found
Barringer’s petition to be frivolous, we direct the Clerk of this Court, pursuant to
section 944.279(1), Florida Statutes, to forward a copy of this opinion to the
Florida Department of Corrections’ institution or facility in which Barringer is
incarcerated.
No motion for rehearing or clarification will be entertained by t...
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 6785, 2015 WL 2106331
...Petitioner is warned that any future filings which the court determines to be successive or frivolous may result in a referral to the appropriate institution for disciplin-aiy procedures pursuant to the rules of the Department of Corrections as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...om Orange County Circuit Court
Case No. Case No. 2013-CF-008176-C-O 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....
CopyPublished | Florida 1st District Court of Appeal
...successive or frivolous may result in the imposition of sanctions, including a bar to
further pro se filings and a referral to the appropriate institution for disciplinary
procedures pursuant to the rules of the Department of Corrections as provided in
section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings which the court determines to be
successive or frivolous may result in a referral to the appropriate institution for
disciplinary procedures pursuant to the rules of the Department of Corrections as
provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...in good standing of The Florida Bar. See Isley v. State,
652 So. 2d
409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is
further directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ida Bar. See Isley v. State ,
652 So. 2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ida Bar. See Isley v. State ,
652 So. 2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2364601, 2017 Fla. App. LEXIS 7851
...This court has determined that this petition for writ of habeas corpus raises a frivolous claim. Accordingly, the clerk of the court is directed to provide a copy of this order to the Department of Corrections to consider the imposition of sanctions against petitioner as provided for in section 944.279, Florida Statutes (2015) (stating that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Supreme Court of Florida
...It is apparent that if no action is taken, Walter will
continue to burden the Court’s resources. We further conclude that
-3-
Walter’s habeas petition filed in this case is a frivolous proceeding
brought before the Court by a state prisoner. See § 944.279(1), Fla.
Stat....
...Reginald Scott Walter that are related to case number
531999CF002889A0XXXX, unless such filings are signed by a
member in good standing of The Florida Bar. Furthermore, because
we find Walter’s petition to be frivolous, we direct the Clerk of this
Court, pursuant to section 944.279(1), Florida Statutes (2023), to
forward a copy of this opinion to the Florida Department of
Corrections’ institution or facility in which Walter is incarcerated.
No motion for rehearing or clarification will be entertained b...
CopyPublished | Florida 3rd District Court of Appeal
...Any further and unauthorized pro se filings by Holmes will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 332, 2012 Fla. LEXIS 885, 2012 WL 1559767
...mber CF81-1860-A1XX. 6 However, Broom chose not to file a response to our order. By disregarding our order to show cause, Broom has left us to conclude that his unauthorized petition is a frivolous proceeding brought to this Court by a prisoner. See § 944.279, Fla....
...ar. Counsel may file on Broom’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 7 Furthermore, since we have found Broom’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2011), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Broom is incarcerated....
CopyPublished | Florida 1st District Court of Appeal
...why sanctions should not be imposed on him, including a
prohibition on further pro se filings in this Court. See State v.
Spencer,
751 So. 2d 47 (Fla. 1999). We also refer this matter to the
Department of Corrections for disciplinary procedures under
section
944.279, Florida Statutes.
AFFIRMED.
ROBERTS, RAY, and KELSEY, JJ., concur.
2
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any
future filings that this Court determines to be frivolous may result
in the imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures as provided in section
944.279, Florida Statutes (2018) (providing that a prisoner who is
found by a court to have brought a frivolous or malicious suit,
action, claim, proceeding, or appeal is subject to disciplinary
procedures pursuant to the rules of the Departm...
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2018) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2018) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 2213894, 2014 Fla. App. LEXIS 8125
...Additionally, absent a showing of good cause, any such further and unauthorized pro se filings by Foley will subject him to sanctions, including the issuance of written findings forwarded to the Florida Depart *457 ment of Corrections for consideration by it of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 8045, 2015 WL 3397559
...Petitioner is warned that any future filings which the court determines to be successive or frivolous may result in a referral to the appropriate institution for disciplinary procedures pursuant to the rules of the Department of Corrections as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 7996, 2015 WL 3397045
...unauthorized filings by Carter will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 7985, 2015 WL 3397032
...unauthorized filings by Thomas will subject him to appropriate sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
... Petitioner is warned that any future filings which the court determines to be
successive or frivolous may result in a referral to the appropriate institution for
disciplinary procedures pursuant to the rules of the Department of Corrections as
provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 7250
...orida Bar. See Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) (“enough is enough”). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 2008 WL 731769
...s including but not limited to the Clerk of this Court forwarding a certified copy of this Court's finding that Mora's filings are frivolous or malicious to the appropriate institution or facility of the Florida Department of Corrections pursuant to section 944.279(1), Florida Statutes (2007)....
CopyPublished | Florida 1st District Court of Appeal
institution for disciplinary procedures. See §
944.279, Fla. Stat. (2024). ROWE, RAY, and WINOKUR, JJ
CopyPublished | Florida 5th District Court of Appeal
...ar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk
is further directed to forward a certified copy of this opinion to the appropriate
institution for consideration of disciplinary proceedings. See §
944.279(1),
Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 7556, 2015 WL 2393636
...Any such further and unauthorized pro se filings by Knight will subject him
to sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 2090383, 2014 Fla. App. LEXIS 7627
...We find that the petition filed in this case-is frivolous. Accordingly, a certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided in section
944.279, Florida Statutes (2013). See Ibarra v. State,
45 So.3d 911 (Fla. 4th DCA 2010) (stating that a show cause order is not required for the imposition of sanctions under section
944.279). Any future pleadings filed by petitioner which violate this order may result in the imposition of additional sanctions, including another referral to the Department for disciplinary procedures under section
944.279....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6459, 2011 WL 1634237
...r v. State,
808 So.2d 215 (Fla. 1st DCA 2002) (table). Accordingly, we find this appeal to be frivolous and direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for appropriate disciplinary action pursuant to section
944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...ar. See Isley v.
State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The
Clerk is further directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...of The Florida Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA
1995) (“Enough is enough.”). The Clerk is further directed to forward a
certified copy of this opinion to the appropriate institution for consideration of
disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 1359609
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
brought before the Court by a state prisoner. See §
944.279(1), Fla. Stat. (2022). Accordingly, we direct
CopyPublished | Florida 5th District Court of Appeal
which could include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 10504, 2008 WL 2064698
...lorida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) (“enough is enough”). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Any further and unauthorized pro se filings by Sanders will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
2
CopyByrd v. State (Fla. Dist. Ct. App. 2019).
Published | District Court of Appeal of Florida
including the forfeiture of gain time. See §
944.279(1), Fla. Stat. (2018). Petition denied;
CopyPublished | Florida 1st District Court of Appeal
Department of Corrections for sanctions. See §
944.279(1), Fla. Stat. (2023) ( “A prisoner who is found
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 2038424
...any future pro se pleadings in this court challenging his conviction and sentence in Case No. 85-4581CF10D. Appellant is cautioned that violation of this directive will result in referral to the Department of Corrections for disciplinary procedures. § 944.279, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 WL 2219207
...horized
filings by Jules will subject him to appropriate sanctions, including the issuance of
written findings forwarded to the Florida Department of Corrections for its
consideration of disciplinary action, including forfeiture of gain time. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 222, 2016 WL 2753860, 2016 Fla. LEXIS 999
...osing a pro se
barring order on the basis that his prior filings were meritorious and not frivolous,
that the instant petition did not challenge his convictions and sentences, that not all
of the prior filings were attributable to Smith, and that section 944.279 is
unconstitutional....
...numbers 00-9986 and 00-15615, and have been devoid of merit, frivolous, or
inappropriate for consideration by this Court, and this Court has never granted
Smith the relief he has sought from this Court. Moreover, the Court has previously
held that section 944.279 is constitutional....
...immediate release because the Department
of Corrections was improperly calculating his sentence under the 85% sentencing
statute and miscalculating his gain time credit, is a frivolous proceeding brought
before this Court by a state prisoner. See § 944.279(1), Fla....
...Counsel may file on
Smith’s behalf if counsel determines that the proceeding may have merit and can
be brought in good faith.3 Furthermore, because we have found Smith’s petition to
be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1),
Florida Statutes (2015), to forward a certified copy of this opinion to the Florida
Department of Corrections’ institution or facility where Smith is incarcerated.
No motion for rehearing or clarification will be entert...
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 7239, 2006 WL 1288954
...rida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough.”) The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Florida Bar in good
standing.
Additionally, we direct the Clerk of this Court to forward a copy of this
order to the Florida Department of Corrections for its consideration of disciplinary
action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 3566, 2016 WL 899265
...gs by Woodson will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
3
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
4
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3639, 2016 WL 892362
...Spencer,
751 So. 2d 47, 48 (Fla. 1999). Future
2
frivolous filings by McCormick may result in the imposition of sanctions
and his referral to prison officials for disciplinary proceedings. Id. at 48–
49; see also §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...This court issued an order directing McKinney to show cause why sanctions
should not be imposed against him, including a prohibition against any future pro se
filings and a referral to the appropriate institution for disciplinary procedures as
provided in section 944.279, Florida Statutes....
...this case unless they are filed by a member in good standing of The Florida Bar. In
addition, we direct the clerk to forward a certified copy of this opinion to McKinney’s
correctional institution for consideration of administrative disciplinary proceedings
pursuant to section 944.279(1), and the rules of the Department of Corrections.
LEWIS, C.J., WOLF and ROBERTS, JJ., CONCUR.
3
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 811543, 2013 Fla. App. LEXIS 3538
...Appellant’s claim that the indictment was deficient is frivolous. See Logan v. State,
1 So.3d 1253, 1254-55 (Fla. 4th DCA 2009); Fla. R.Crim. P. 3.140(o). The clerk is directed to send a certified copy of this opinion to the appropriate *473 institution for disciplinary procedures. §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 3468, 2016 WL 852864
...s or petitions challenging the judgment and sentence in Okaloosa County Circuit court case number 2008-CF-0705 and a referral to the Florida Department of Corrections for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2015)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 3453, 2016 WL 853011
...esult in the imposition of sanctions against him, including a prohibition against any further pro se pleadings and a referral to the Florida Department of Corrections for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, .Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...Court Case Numbers 2020-CF-5068, 2021-CF-442, 2021-CF-1091, 2020-
CF-5069, 2020-CF-5067 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....
CopyPublished | Supreme Court of Florida
...Spencer,
751 So. 2d 47 (Fla. 1999),
directed Blaxton to show cause why he should not be barred from filing any future
pro se requests for relief and referred to the Florida Department of Corrections
(DOC) for possible disciplinary action pursuant to section
944.279, Florida
Statutes.
Blaxton filed a response to the order to show cause and a motion seeking
rehearing on our September 10, 2015, order. In his response, Blaxton claims that
section
944.279, Florida Statutes, does not apply to criminal or collateral criminal
proceedings and that he should not be referred to the DOC for possible disciplinary
action. While section
944.279, Florida Statutes, does not apply to criminal
-4-
proceedings, it does apply to “frivolous or malicious collateral criminal
proceeding[s].” §
944.279(1), (2), Fla....
...be imposed
against him for his repeated misuse of this Court’s limited judicial resources. We
further conclude that the petition filed by Otis D. Blaxton in this case is a frivolous
proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
...and 11-CF-572A through the assistance of counsel whenever such counsel
determines that the proceeding may have merit and can be filed in good faith.3
Further, because we have found Blaxton’s petitions to be frivolous, we direct the
Clerk of this Court, pursuant to section 944.279(1), Florida Statutes, to forward a
certified copy of this opinion to the DOC institution or facility where Blaxton is
incarcerated.4
It is so ordered.
LEWIS, QUINCE, CANADY, and POLSTON, JJ., concur.
PARIENTE, J., concurs wi...
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 4108, 2004 WL 625670
...g, and there is nothing in the record to show, that Yasir’s motion for leave to file a supplemental pleading was frivolous. The statutory basis for the trial court’s recommendation that Yasir be sanctioned for filing a frivolous suit is found in section 944.279(1), Florida Statutes (2003): At any time, and upon its own motion or on motion of a party, a court may *672 conduct an inquiry into whether any action or appeal brought by a prisoner was brought in good faith....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4877, 2016 WL 1239870
...(2015); Harris v. State,
30 So.3d 674 (Fla. 3d DCA 2010). As the appellant’s motion in the circuit court and this appeal are successive, the appellant is cautioned that further successive and non-meritorious filings may subject him to sanctions. See §
944.279, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 4867
...Any further and unauthorized pro se filings by Henley will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
...2020-CF-5069,
2020-CF-5068, 2021-CF-442, 2021-CF-1091, and 2020-CF-5067, 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....
CopyPublished | Florida 5th District Court of Appeal
...asserting claims stemming from Marion County Circuit Court Case No. 2015-
CF-527-A-Z, may result in sanctions such as a bar on pro se filings in this
Court and referral to prison officials for disciplinary proceedings, which may
include forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...r petitions challenging the judgment
and sentence in Okaloosa County Circuit court case number 2008-CF-0705 and a
referral to the Florida Department of Corrections for disciplinary procedures pursuant
to the rules of the Department as provided in section 944.279, Florida Statutes (2015).
See Fla....
CopyPublished | District Court of Appeal of Florida
the rules of the Department as provided in section
944.279, Florida Statutes (2015). See Fla. R. App.
CopyPublished | Florida 1st District Court of Appeal
...filings concerning this case unless they are filed by a member in good standing of The
Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion
may result in a referral to the appropriate institution for disciplinary procedures as
provided in section 944.279, Florida Statutes (2015)....
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 5th District Court of Appeal
Spencer ,
751 So.2d 47, 48-49 (Fla. 1999) ; §
944.279(1), Fla. Stat. (2018). PETITION FOR WRIT OF HABEAS
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 5th District Court of Appeal
Spencer ,
751 So.2d 47, 48-49 (Fla. 1999) ; §
944.279(1), Fla. Stat. (2018). PETITION FOR WRIT OF HABEAS
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 4795, 2016 WL 1204007
...ing a prohibition against any future pro se filings seeking to reinstate his appeal in case number 1D03-0401 and a referral to the Florida Department of Corrections for disciplinary procedures pursuant to the rules of the- Department as- provided in section 944.279, Florida Statutes (2015)....
CopyPublished | Florida 5th District Court of Appeal
...stemming from Seminole County Circuit Court Case Nos. 1999-
CF-907-A and 2019-CA-3319, 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....
CopyPublished | Florida 1st District Court of Appeal
...including a prohibition on
2
further pro se filings in this Court. See State v. Spencer,
751 So. 2d
47, 48–49 (Fla. 1999). We also refer this matter to the Department
of Corrections for disciplinary action under section
944.279,
Florida Statutes (2023).
AFFIRMED.
LEWIS, RAY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
CopyPublished | Supreme Court of Florida
...conduct timely reviews of their legitimate filings”). If no action is
taken, Rivera will continue to burden the Court’s resources. We
further conclude that Rivera’s habeas petition filed in this case is a
frivolous proceeding brought before the Court by a state prisoner.
See § 944.279(1), Fla....
...Rivera that are related to case number 131985CF0250370001XX,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Rivera’s petition
to be frivolous, we direct the Clerk of this Court, pursuant to
section 944.279(1), Florida Statutes (2021), to forward a copy of this
opinion to the Florida Department of Corrections’ institution or
facility in which Rivera is incarcerated.
No motion for rehearing or clarification will be entertained b...
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 379, 2017 WL 1090565, 2017 Fla. LEXIS 678, 2017 Fla. App. LEXIS 3865
...2000), and, in accordance with State v. Spencer,
751 So. 2d
47 (Fla. 1999), directed Pray to show cause why he should not be barred from
filing any future pro se requests for relief and referred to the Florida Department of
Corrections for possible disciplinary action pursuant to section
944.279(1), Florida
Statutes (2016).
2....
...assistance of counsel whenever such counsel determines that the proceeding may
have merit and can be filed in good faith.
Additionally, we find that the petition filed by Chadrick V. Pray in this case
is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla. Stat. (2016). Consistent with section 944.279(1), Florida Statutes
(2016), we direct the Clerk of this Court to forward a certified copy of this opinion
to the Florida Department of Corrections’ institution or facility where Pray is
incarcerated....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 380, 2017 WL 1090561, 2017 Fla. LEXIS 650
...and, in accordance with State v. Spencer,
751 So. 2d 47 (Fla. 1999), directed
Roberts to show cause why he should not be barred from filing any future pro se
requests for relief and referred to the Florida Department of Corrections for
possible disciplinary action pursuant to section
944.279(1), Florida Statutes (2016).
In his response to the show cause order, Roberts argued that he should not be
sanctioned by the Court because his illegal sentence constitutes a manifest
lack of jurisdiction); Roberts v....
...restrained. Accordingly, we conclude
that Roberts has failed to show cause why sanctions should not be imposed. We
further conclude that Roberts’ petition in this case is a frivolous proceeding
brought before this Court by a state prisoner. See § 944.279(1), Fla....
...Going forward, Roberts may only petition the Court about his
convictions or sentences through the assistance of counsel whenever such counsel
determines that the proceeding may have merit and can be filed in good faith.
Additionally, and consistent with section 944.279(1), we direct the Clerk of this
-4-
Court to forward a certified copy of this opinion to the Florida Department of
Corrections’ institution or facility where Roberts is incarcerated....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 379, 2017 WL 1090562, 2017 Fla. LEXIS 649
...1999), we expressly retained jurisdiction and directed Desue to show cause
why he should not be barred from filing any further pro se requests for relief
concerning his 1987 and 1992 convictions and sentences, and referred to the
Florida Department of Corrections for possible disciplinary action pursuant to
section 944.279(1), Florida Statutes (2016).
In response to the show cause order, Desue submitted a response containing
the same arguments he presented to this Court in his habeas petition....
...Accordingly, we conclude that Desue’s
response fails to show cause why he should not be sanctioned. We also conclude
-4-
that the petition filed by Desue in this case is a frivolous proceeding brought before
this Court by a state prisoner. See § 944.279(1), Fla....
...enever such counsel determines
that the proceeding may have merit and can be filed in good faith. Additionally,
because we find that the petition filed in this case by Desue is a frivolous
proceeding filed by a state prisoner, and consistent with section 944.279(1),
Florida Statutes (2016), we direct the Clerk of this Court to forward a certified
copy of this opinion to the Florida Department of Corrections’ institution or
facility where Desue is incarcerated....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 4132, 2015 WL 1281600
...ntence. See State v. Spencer,
751 So.2d 47, 48 (Fla.1999). Davis has failed to respond. We find that Davis’ petition is frivolous. Accordingly, a certified copy of this opinion shall be provided to the Florida Department of Corrections pursuant to section
944.279, Florida Statutes (2014), for the imposition of disciplinary proceedings pursuant to Department rules....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 4585, 2012 WL 966903
...The Defendant is advised that if he files one more motion without merit, the Court will not only direct the Clerk of Court to refuse any further pro se filings from the Defendant, it will direct the Department of Corrections to consider imposing sanctions under section 944.279, Florida Statutes (2010) for abusing the process of the Court....
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 5th District Court of Appeal
...r frivolous filings directed to the identified lower court case number 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....
CopyPublished | Florida 3rd District Court of Appeal
...This Court also warned the defendant as follows: “Any
further and unauthorized pro se filings by Henley will subject him to sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for consideration by it for disciplinary action, pursuant to section
944.279(1) of the Florida Statutes.” Id.
Less than six months later, on August 29, 2017, the defendant filed a
“Notice of Appeal and or Motion for Appointment of Counsel to File a Notice of
Appeal to the Second Corrected Order o...
...Accordingly, we dismiss the defendant’s pro se appeal
filed on August 29, 2017. Further, we direct the Clerk of this Court to forward a
copy of this opinion to the Florida Department of Corrections to consider
4
disciplinary action against the defendant pursuant to section 944.279(1) of the
Florida Statutes.
Dismissed.
5
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 173, 2013 WL 1149703, 2013 Fla. LEXIS 483
...uld not be imposed. We further conclude that Nelson’s mandamus petition in the instant case (including his supplement), which consists of over ninety pages of rambling allegations, is a frivolous proceeding brought to this Court by a prisoner. See § 944.279, Fla....
...Counsel may file on Nelson’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 7 Furthermore, since we have found Nelson’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Nelson is incarcerated....
CopyPublished | Florida 1st District Court of Appeal
...Morris should take this opinion also as an early warning
that there can be consequences if he engages in the same course of
frivolous filings with this court regarding his pleaded-to
convictions and his sentence—again, notably, from which he took
no appeal. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...ings by Bonner will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
2
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2024) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2024) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So
CopyPublished | Supreme Court of Florida
...These five additional petitions are no
different. We denied the petitions and directed LoRusso to show
cause why he should not be barred from filing any further requests
for relief and referred to the Department of Corrections for possible
disciplinary action pursuant to section 944.279, Florida Statutes
(2021).
LoRusso filed a response to the order to show cause with
respect to Case Nos....
...review, LoRusso has abused the judicial process and burdened this
Court’s limited judicial resources. We further conclude that
LoRusso’s mandamus petitions filed in these cases are frivolous
proceedings brought before this Court by a state prisoner. See
§ 944.279(1), Fla....
...Counsel may file on LoRusso’s behalf if counsel
determines that the proceedings may have merit and can be
brought in good faith.
Furthermore, because we have found LoRusso’s petitions to be
frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2021), to forward a copy of this
opinion to the Florida Department of Corrections’ institution or
facility in which LoRusso is incarcerated.
No motion for rehearing or clarification will be entertained...
CopyPublished | Supreme Court of Florida
...If no action is
-3-
taken, Petitioner will continue to burden the Court’s resources. We
further conclude that Petitioner’s habeas petition filed in this case
is a frivolous proceeding brought before the Court by a state
prisoner. See § 944.279(1), Fla....
...Green that are related to case number 162012CF007413AXXXMA,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Petitioner’s
petition to be frivolous, we direct the Clerk of this Court, pursuant
to section 944.279(1), Florida Statutes (2022), to forward a copy of
this opinion to the Florida Department of Corrections’ institution or
facility in which Petitioner is incarcerated.
No motion for rehearing or clarification will be entertain...
CopyPublished | Supreme Court of Florida
...If no action is
-3-
taken, Petitioner will continue to burden the Court’s resources. We
further conclude that Petitioner’s habeas petition filed in this case
is a frivolous proceeding brought before the Court by a state
prisoner. See § 944.279(1), Fla....
...Green that are related to case number 162012CF007413AXXXMA,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Petitioner’s
petition to be frivolous, we direct the Clerk of this Court, pursuant
to section 944.279(1), Florida Statutes (2022), to forward a copy of
this opinion to the Florida Department of Corrections’ institution or
facility in which Petitioner is incarcerated.
No motion for rehearing or clarification will be entertain...
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 3488, 2011 WL 890954
...We affirm. Appellant is cautioned that the filing of repetitive or frivolous postconviction challenges and/or appeals may result in sanctions or referral to prison officials for disciplinary proceedings. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2024); State v. Spencer, 751 So
CopyPublished | Florida 1st District Court of Appeal
...2004).
We also find that this petition is frivolous. We direct the Clerk
of the Court to provide a certified copy of this opinion to the Florida
Department of Corrections to be forwarded to the appropriate
institution or facility for disciplinary procedures under the rules of
the Department. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...1st DCA 2007)
(denying habeas petition alleging ineffective assistance of counsel);
Fountain v. State,
16 So. 3d 134 (Fla. 1st DCA 2008) (affirming an
order denying a rule 3.850 motion).
The court finds that this appeal is frivolous and refers
Fountain to the Department of Corrections for sanctions. See
§
944.279, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...unauthorized filings by Sanders will subject him to appropriate sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including the forfeiture of
gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Court warns Petitioner that
any future filings that this Court determines to be frivolous may
result in the imposition of sanctions, including a prohibition
against any further pro se filings in this Court and a referral to the
appropriate institution for disciplinary procedures under section
944.279, Florida Statutes.
BILBREY, M.K....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 3446, 2008 WL 649192
...ase, we caution the defendant that the continued filing of frivolous or abusive papers may not only result in a future recommendation to the Department of Corrections that it bring disciplinary procedures against him under paragraph
944.28(2)(a) and section
944.279, Florida Statutes (2007), but also a prohibition against any further pro se filings in this court....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3271, 2011 WL 830637
...State,
652 So.2d 980 (Fla. 5th DCA 1995). The clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See Simpkins v. State,
909 So.2d 427, 428 (Fla. 5th DCA 2005); §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...he
sentence imposed in Lake County Circuit Case No. 2017-CF-355-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....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 81, 2016 Fla. LEXIS 501, 2016 WL 916228
...We denied the petition and, in
accordance with State v. Spencer,
751 So. 2d 47 (Fla. 1999), directed Green to
show cause why he should not be barred from filing any future pro se requests for
relief and referred to the Department of Corrections for possible disciplinary action
pursuant to section
944.279, Florida Statutes.
petition transferred to district court); Green v....
...mposed against him for his
repeated misuse of this Court’s limited judicial resources. We further conclude
that the petition filed by Tommy L. Green, Sr., in this case is a frivolous
proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
...sel determines that
-4-
the proceeding may have merit and can be filed in good faith.3 Further, because
we have found Green’s petitions to be frivolous, we direct the Clerk of this Court,
pursuant to section 944.279(1), Florida Statutes, to forward a certified copy of this
opinion to the Florida Department of Corrections’ institution or facility where
Green is incarcerated.4
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE...
CopyPublished | Florida 3rd District Court of Appeal
...3d
DCA 2013).
Additionally, any such further and unauthorized pro se filings by
Westbrook may subject him to appropriate sanctions, including the issuance
of written findings forwarded to the Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See
§ 944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal
may include forfeiture *1246of gain time. See §
944.279(1), Fla. Stat. (2018) ; State v. Spencer , 751
CopyPublished | Florida 5th District Court of Appeal
may include forfeiture *1246of gain time. See §
944.279(1), Fla. Stat. (2018) ; State v. Spencer , 751
CopyPublished | Supreme Court of Florida
...Henceforth,
Hickmon may only petition this Court through the assistance of counsel whenever
such counsel determines that the proceeding may have merit and can be filed in
good faith. Additionally, we find the petition filed in this case by Hickmon is a
frivolous proceeding filed by a state prisoner. See § 944.279(1), Fla. Stat. (2017).
Consistent with section 944.279(1), Florida Statutes (2017), we direct the Clerk of
this Court to forward a certified copy of this opinion to the Department of
Corrections’ institution or facility where Hickmon is incarcerated....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 815367, 2017 Fla. App. LEXIS 2773
...Appellant is cautioned that any further frivolous or abusive filing will result in sanctions, such as a bar on pro se filing in this court and referral to prison officials for consideration of disciplinary procedures. See State v. Spencer,
751 So.2d 47 (Fla. 1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 1973, 2000 WL 228083
...Lawrence Lee Jones petitions for writ of certiorari to review an order of the circuit court which denied his petition for writ of mandamus and found that the petition was frivolous and subjected him to disciplinary action by the Department of Corrections pursuant to section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...directed to Brevard County Circuit Court Case No. 2003-CF-32868-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....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 1559772
...No Appearance for Appellee. LAWSON, J. Robert E. Pettis, ("Pettis"), appeals the trial court's summary denial of his rule 3.800(a) motion. We affirm and write only to recommend that the Department of Corrections institute disciplinary proceedings against Pettis pursuant to section 944.279(1), Florida Statutes, for his pursuit of this clearly frivolous claim on appeal....
...Since he pled no contest to the charges, he effectively admitted to the date set forth in the information. Therefore, we affirm and direct the Clerk to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
of Corrections to impose such a sanction. See §
944.279, Fla. Stat. (2015); Isom v. State,
43 So. 3d
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 8389, 2011 WL 2202039
...on of sanctions. Accordingly, Kevin Leon Neal is hereby prohibited from filing future pro se pleadings with this court unless signed by a member in good standing of The Florida Bar. See State v. Spencer,
751 So.2d 47 (Fla.1999). Further, pursuant to section
944.279, Florida Statutes, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate facility in the Department of Corrections for possible disciplinary action against petitioner....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 2457209, 2017 Fla. App. LEXIS 8328
...unauthorized pro se filings by this defendant will subject Caison to appropriate
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for its consideration of disciplinary action, including
the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 413, 2012 WL 2036010, 2012 Fla. LEXIS 1135
...F-01064. 6 After considering Gaffney’s response, we conclude that it fails to show cause why he should not be sanctioned. We further conclude that Gaffney’s unauthorized petition is a frivolous proceeding brought to this Court by a prisoner. See § 944.279, Fla....
...Counsel may file on Gaffney’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 7 Furthermore, since we have found Gaffney’s petition to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2011), to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Gaffney is incarcerated....
...Tucker, No. SC11-2136,
79 So.3d 744 ,
2012 WL 130519 (Fla. Jan. 10, 2012) (dismissing the petition and ordering petitioner to show cause why sanctions should not be imposed and why the petition should not be deemed frivolous for purposes of applying section
944.279(1), Florida Statutes (2011))....
CopyPublished | Florida 1st District Court of Appeal
...this state, and of this court’s existing sanctions against and warning to Mr. Brown,
in addition to affirming the order on appeal, we expressly retain jurisdiction to
pursue any additional sanctions against him pursuant to rule 9.410, Florida Rules
of Appellate Procedure and section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7701, 2010 WL 2219709
...ings, petitions, motions, documents, or other filings submitted by Louis Robenson, DC#308214, unless signed by a member in good standing of The Florida Bar. If Mr. Robenson violates this order, he may be subject to further appropriate sanctions. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...asserting claims stemming from Orange County Circuit Court Case Number
2009-CF-003544-B-0 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....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 8456, 2015 WL 3486250
...We also note the multiple filings
Morales has made in the Florida Supreme Court and in the federal court system.
3
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...legitimate filings”). If no action is taken, Steiner will continue to
burden the Court’s resources. We further conclude that Steiner’s
habeas petition filed in this case is a frivolous proceeding brought
before the Court by a state prisoner. See § 944.279(1), Fla....
...Steiner that are related to case number 592002CF004431A000XX,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Steiner’s petition
to be frivolous, we direct the Clerk of this Court, pursuant to
section 944.279(1), Florida Statutes (2022), to forward a copy of this
opinion to the Florida Department of Corrections’ institution or
facility in which Steiner is incarcerated.
No motion for rehearing or clarification will be entertained...
CopyPublished | Florida 5th District Court of Appeal | 2007 WL 1852187
...Accordingly, we warn Harden that if he again attempts to challenge his sentence, we will likely issue an order pursuant to State v. Spencer,
751 So.2d 47 (Fla.1999), requiring him to show cause why he should not be barred from further pro se filings and for consideration of disciplinary action pursuant to section
944.279(1), Florida Statutes (2006)....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 3215243, 2013 Fla. App. LEXIS 10226
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal
...Ames sought to challenge his life sentence imposed after a 2002
jury trial with a conviction of second-degree murder. We affirm.
The court finds that this petition is frivolous and successive
and refers Ames to the Department of Corrections for sanctions.
See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...State, Case No. 1D2023-
2328 (appeal from order denying postconviction motion under
Florida Rule of Criminal Procedure 3.850).
The court finds that this petition is frivolous and refers
Johnson to the Department of Corrections for sanctions. See
§ 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...denying a rule 3.850 motion); Johnson v. State, Case No. 1D2023-
2629 (petition alleging ineffective assistance of appellate counsel).
The court finds that this appeal is frivolous and refers
Johnson to the Department of Corrections for sanctions. See
§ 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...2004).
Appellant is warned that any future filings that this court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9804, 2015 WL 3930274
...The petition for belated appeal is dismissed as untimely and successive. See Fla. R. App. P. 9.141(c)(5)(A) and (c)(6)(C). Petitioner is warned that any future filings which are determined by this court to be frivolous may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 2862324, 2014 Fla. App. LEXIS 9556
...appellant unless the document has been reviewed and signed by a member in good standing of the Florida Bar. The Clerk is directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough
is enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 9533
...Any such further and unauthorized pro se filings by Sneed will subject him
to sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
...20-CF-4515, 21-CF-3642 and 20-DR-3309, which have
previously been raised and disposed of, may result in sanctions such as a
bar on pro se filing in this Court and, where applicable, referral to prison
officials for disciplinary proceedings, which may include forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Marion County Circuit Court Case
No. 1996-CF-1495 may result in sanctions such as a bar on pro se filings in
this Court and referral to prison officials for consideration of disciplinary
proceedings, which may include forfeiture of gain time. See § 944.279(1),
Fla....
CopyPublished | Florida 5th District Court of Appeal
...ida Bar. See Isley v. State ,
652 So. 2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ida Bar. See Isley v. State ,
652 So. 2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
for disciplinary procedures as provided in section
944.279, Florida Statutes. See Fla. R. App. P. 9.410
CopyPublished | Supreme Court of Florida | 2013 WL 5855682
...-4-CF-J-16, 1 we retained jurisdiction *1100 and ordered Myles to show cause why he should not be barred from further pro se filings related to that criminal case and why the Court should not determine that his filing in this case is frivolous under section 944.279, Florida Statutes (2012)....
...ioned. Myles has compiled a history of pro se filings in this Court that were devoid of merit or inappropriate for review in this Court. We further conclude that Myles’ petition in this case is a frivolous proceeding initiated by a prisoner, under section 944.279, Florida Statutes (2012)....
...Counsel may file on Myles’ behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 3 Furthermore, since we have found the petition in this case to be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2012,) to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Myles is incarcerated....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 8596, 2006 WL 1502001
...rida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) (“Enough is enough.”) The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 649, 2017 WL 2590708, 2017 Fla. LEXIS 1311
...ounsel determines that the
proceeding may have merit and can be filed in good faith.
Additionally, we find that the petition filed by Anthony J. Fails in this case
is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla. Stat. (2016). Consistent with section 944.279(1), Florida Statutes
(2016), we direct the Clerk of this Court to forward a certified copy of this opinion
to the Florida Department of Corrections’ institution or facility where Fails is
incarcerated....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 9276, 2016 WL 3268329
...307445,
from filing any pro se appeals, petitions, or other cases in this court related to
Duval County Case No. 16-1998-CF-014227. The clerk is directed not to accept
any filings from Nelson related in any way to that case unless they are signed by a
member in good standing of The Florida Bar. Additionally, pursuant to section
944.279, Florida Statutes, the clerk is directed to send a certified copy of this
opinion to the Department of Corrections for appropriate disciplinary action
against Nelson....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...good standing.
Any further and unauthorized pro se filings by Doll will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2024) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 412, 2014 WL 2609190, 2014 Fla. LEXIS 1883
...number 01-CF-
0231. 3 In a separate order dated May 10, 2013, the Court also directed petitioner
to show cause why the Court should not determine that the petition filed in this
case is frivolous and subject to disciplinary procedures pursuant to section
944.279(1), Florida Statutes (2013), by the Florida Department of Corrections.
Bush filed a motion for rehearing, seeking clarification of whether the Court
was proceeding against him by way of a barring order or pursuant to section
944.279, Florida Statutes (2013). The orders directing petitioner to show cause
why he should not be subject to a pro se barring order and subject to section
944.279, Florida Statutes (2013), are clear and unambiguous....
...After considering
Bush’s response to the show cause orders, we conclude that it fails to show cause
why sanctions should not be imposed. We further conclude that Bush’s
procedurally barred petition filed in this case is a frivolous proceeding brought
before this Court by a state prisoner. See § 944.279(1), Fla....
...Counsel may file on Bush’s behalf
if counsel determines that the proceeding may have merit and can be brought in
good faith. 4 Furthermore, because we have found Bush’s petition to be frivolous,
we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes
(2013), to forward a certified copy of this opinion to the Florida Department of
Corrections institution or facility where Bush is incarcerated.
It is so ordered.
POLSTON, C.J., and PARIENTE, LEWIS, QUIN...
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 7151, 2000 WL 742203
...nary sanction imposed against Doss for disrespect to officials. In addition to denying relief, the circuit court certified the mandamus proceeding to be a frivolous action, authorizing the department to impose additional sanctions in accordance with section 944.279, Florida Statutes....
...1st DCA 1986), or were of insufficient merit that we find no departure from the essential requirements of law in the circuit court’s decision to deny relief. In these circumstances, however, we are unable to ascertain whether the circuit court would have made a section 944.279 certification had it realized the mandamus petition was timely. Accordingly, we grant the petition in part, quash that portion of the circuit court’s order which certified the mandamus petition as frivolous pursuant to section 944.279, and remand with directions that the circuit court reconsider the certification in light of this opinion....
CopyPublished | Florida 1st District Court of Appeal
institution for disciplinary procedures. See §
944.279, Fla. Stat. (2024). OSTERHAUS, C.J., and M.K
CopyPublished | Supreme Court of Florida
...brought in good faith.
Additionally, we find that Campbell’s motion to reopen his direct appeal due
to fraud or collusion occurring during his direct appeal proceedings is a frivolous
proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat. (2019). Consistent with section 944.279(1), Florida Statutes (2019), we direct
-3-
the Clerk of this Court to forward a certified copy of this opinion to the
Department of Corrections’ institution or facility where Campbell is incarcerated.
See Steele v....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 2589187, 2014 Fla. App. LEXIS 8846
...nding of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in the imposition of further sanctions, including a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 8455, 2011 WL 2268994
...This opinion shall be filed in the lower court and treated as a notice of appeal of the order denying Matos's 3.850 motion. For the reasons explained below, we also order that our clerk send a certified copy of this opinion to the appropriate correctional facility within the Department of Corrections pursuant to section 944.279, Florida Statutes, and direct that the Department consider levying sanctions against Matos pursuant to that statute....
...or the truth brought false information or evidence before the court" when he alleged in the petition for belated appeal that the order was not delivered to him until January 27, 2011. Based upon this false representation, Matos should be sanctioned. § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...precludes a
defendant from rearguing in a successive rule 3.800 motion the
same issue argued in a prior motion.”). Additionally, because this
claim was squarely addressed—and rejected—in this Court’s
opinion on direct appeal, 4 we find this appeal to be frivolous and,
pursuant to section 944.279(1), Florida Statutes, we direct the
Clerk of this Court to send a certified copy of this opinion to the
appropriate institution within the Department of Corrections for
potential disciplinary action against James....
CopyPublished | District Court of Appeal of Florida
brought before this court by a state prisoner. See §
944.279(1), Fla. Stat. (2017). We direct the clerk to
CopyPublished | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 437, 2009 Fla. LEXIS 1015
...However, Steele’s abusive pro se filings related to his conviction or sentence must immediately come to an end. Furthermore, since we have in this opinion found that Steele has repeatedly initiated frivolous proceedings, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2008), to forward a certified copy of this opinion to the Department of Corrections’ institution where Steele is incarcerated....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough
is enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 10364, 2015 WL 4111834
...Any further and unauthorized pro se filings by Walker will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 10430, 2016 WL 4158814
...that could have been or were raised on direct appeal or in postconviction motions). This court has determined that the petition for writ of habeas .corpus raised a frivolous claim which subjects petitioner to the imposition of sanctions pursuant to section 944.279, Florida Statutes....
...Accordingly, a certified copy of this opinion shall be provided to the Florida Department of *489 Corrections to be forwarded to the appropriate institution or facility fop disciplinary procedures pursuant to the rules of the Department as provided in section 944.279....
CopyPublished | Florida 1st District Court of Appeal | 2008 WL 2626816
...The sentencing transcript conclusively refutes this factual allegation. Accordingly, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate institution for consideration by that institution of disciplinary measures against petitioner pursuant to section 944.279(1), Florida Statutes (2007), for the filing of a frivolous petition and knowingly or with reckless disregard for the truth bringing false information or evidence before the court....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2871022, 2017 Fla. App. LEXIS 9665
...Petitioner is warned *788 that the filing of any other pleadings deemed by the court to be meritless may result in sanctions, including but not limited to a prohibition on pro se filings and a referral to the Department of Corrections for disciplinary action under section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 10372, 2016 WL 3611015
...concerning this case unless they are filed by a member in good standing of The Florida
Bar. Petitioner is warned that any filings that violate the terms of this opinion may
result in a referral to the appropriate institution for disciplinary procedures as provided
in section 944.279, Florida Statutes (2015)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 10369, 2016 WL 3611007
...unless they are filed by
a member in good standing of The Florida Bar. Petitioner is warned that any filings
that violate the terms of this opinion may result in a referral to the appropriate
institution for disciplinary procedures as provided in section 944.279, Florida Statutes
(2015)....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is
warned that the filing of any other pleadings deemed by the court to be meritless may
result in sanctions, including but not limited to a prohibition on pro se filings and a
referral to the Department of Corrections for disciplinary action under section 944.279,
Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...unauthorized filings by Rivera will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...issues that could have been or were raised on direct appeal or in postconviction
motions).
This court has determined that the petition for writ of habeas corpus raised a
frivolous claim which subjects petitioner to the imposition of sanctions pursuant to
section 944.279, Florida Statutes....
...Accordingly, a certified copy of this opinion shall be
provided to the Florida Department of Corrections to be forwarded to the appropriate
institution or facility for disciplinary procedures pursuant to the rules of the
Department as provided in section 944.279.
B.L....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 3734224, 2014 Fla. App. LEXIS 11607
...1999), and remand for further proceedings consistent with this opinion.
Due to the Appellant’s apparent abuse of the legal system, which was
evidenced by his repeated pro se filings attacking his conviction and sentence, the
trial court barred further pro se filings and filed sanctions in accordance with
section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...ar. See Isley v.
State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The
Clerk is further directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 11424, 2015 WL 4554920
...Appellant is warned that any future proceedings determined by this court to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se proceedings and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11333, 2015 WL 4549527
... Any further and unauthorized pro se filings by Jules will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11354, 2015 WL 4549601
...Any further and unauthorized pro se filings by Carter will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 11277, 2015 WL 4518711
...ordered Appellant to show cause why he should not be sanctioned, including a prohibition on further pro se filings in this court and a referral to the Department of Corrections for disciplinary action. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279, Fla....
...1999-CF-2404, and we direct the Clerk not to accept any filings from Appellant related to that case unless they are signed by a member in good standing of the Florida Bar. Additionally, the Clerk is directed to send a certified copy of this order to the Department of Corrections pursuant to section 944.279, Florida Statutes, for the potential imposition of additional administrative sanctions....
CopyPublished | Florida 3rd District Court of Appeal | 2011 WL 3111877, 2011 Fla. App. LEXIS 11768
...l, is not without consequence. See State v. Spencer,
751 So.2d 47 (Fla.1999) (holding that a party who abuses the judicial process by filing repetitious and frivolous pleadings may, upon proper notice, be denied further pro se access to the courts); Section
944.279(1), Florida Statutes (“A prisoner who is found by a court to have brought a frivolous or malicious ......
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 3866721, 2013 Fla. App. LEXIS 11849
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 2851979
...in good standing of the Florida Bar. See Isley v. State,
652 So.2d 409 (Fla. 5th DCA 1995). The clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. *771 See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 3815140, 2013 Fla. App. LEXIS 11670
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2022); State v. Spencer, 751
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11047, 2015 WL 4464558
... Any further and unauthorized pro se filings by Thomas will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
4
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 12083, 2006 WL 2032488
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10536, 2010 WL 2813657
...ant's appeal to be frivolous. For this reason, we not only affirm the denial of Appellant's 3.850 motion, but also recommend that the Department of Corrections impose disciplinary sanctions, including, if appropriate, the loss of gain *334 time. See § 944.279(1), Fla....
...pursuant to the rules of the Department of Corrections"); §
944.28(2)(a), Fla. Stat. (2009) (authorizing the Department of Corrections to forfeit gain time when an inmate files a "frivolous suit, action, claim, proceeding, or appeal"). Pursuant to section
944.279, we direct the Clerk of this court to forward a certified copy of this opinion to the appropriate correctional facility for the consideration of disciplinary procedures against Appellant....
CopyPublished | Florida 1st District Court of Appeal | 2007 WL 2065827
...Casper Adamson, pro se, Appellant. Bill McCollum, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for Appellee. BROWNING, C.J. We AFFIRM the dismissal of the mandamus petition as frivolous, without further comment. We hold that section 944.279, Florida Statutes, which provides that an inmate found to have brought a frivolous or malicious collateral criminal proceeding filed after September 30, 2004, is subject to discipline by the Department of Corrections, is not an ex pos...
CopyPublished | Florida 1st District Court of Appeal
...9.141(d)(5).
The Court warns Petitioner that any future filings that this
Court determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 2957363, 2014 Fla. App. LEXIS 10129, 39 Fla. L. Weekly Fed. D 1369
...ewed and
signed by a member in good standing of the Florida Bar.
The Clerk is directed to forward a certified copy of this opinion to the
appropriate institution for consideration of disciplinary procedures
including forfeiture of all gain time. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2913297, 2012 Fla. App. LEXIS 11700
...He claims there are no courts in America and that he is not a party to the U.S. Constitution because he is a “flesh-n-blood man.” The motion and this appeal are frivolous. The clerk of this court shall forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2913235, 2012 Fla. App. LEXIS 11686
...that some of the claims were raised and rejected in previous motions and appeals. Such future attempts will result in referral to the appropriate institution for consideration of disciplinary sanctions which may include forfeiture of gain time, see § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 11177, 2011 WL 2752576
PER CURIAM. Appellant, Jeffrey Jerome Walker, challenges an order striking his motion for reimbursement of filing fees and referring Appellant for disciplinary action under section 944.279, Florida Statutes (2009)....
...We find that Appellant’s continued practice of filing pro se pleadings in violation of the circuit court’s sanction order to be frivolous. Accordingly, we direct the clerk of this court to forward a copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk
is further directed to forward a certified copy of this opinion to the appropriate
institution for consideration of disciplinary proceedings. See §
944.279(1),
Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 10700, 2016 WL 3715188
...attorney licensed to practice law in this state. Any further unauthorized pro se
filings by Davis will subject him to sanctions, including the issuance of written
findings forwarded to the Florida Department of Corrections for consideration of
disciplinary action. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2945838, 2017 Fla. App. LEXIS 9893
...1st
DCA 2010), and the warning regarding his subsequent litigation in Brown v. State,
186 So. 3d 625 (Fla. 1st DCA 2016), we retained jurisdiction to pursue any
additional sanctions against him pursuant to rule 9.410, Florida Rules of Appellate
Procedure and section
944.279, Florida Statutes....
...Florida Bar. See Martin v. State,
833 So. 2d 756 (Fla. 2002); Jackson v. Fla. Dep’t
of Corr.,
790 So. 2d 398 (Fla. 2001). Mr. Brown is again warned that violation of
this order could result in referral to the Department of Corrections for sanctions
under section
944.279, Florida Statutes.
It is so ordered.
WOLF, RAY, and BILBREY, JJ., CONCUR.
3
CopyPublished | Supreme Court of Florida | 2013 WL 3466794
...ings, motions, or other requests for relief pertaining to his criminal convictions. He was also ordered to show cause why the Court should not determine that the petitions filed in these cases are frivolous pleadings filed by a state prisoner, under section 944.279, Florida Statutes (2012) (stating a prisoner who is found by a court to have brought a frivolous claim or proceeding is subject to disciplinary procedures)....
...Accordingly, we now exercise the inherent power of this Court to protect itself from abuse of the judicial process and bar Werdell from any future pro se filings related to his criminal convictions. We further conclude that Werdell’s petitions in these cases are frivolous proceedings initiated by a prisoner, under section 944.279, Florida Statutes (2012)....
...Counsel may file on Wer-dell’s behalf if counsel determines that the proceeding may have merit and can be brought in good faith. 3 Furthermore, since we have found the petitions in these cases to.be frivolous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2012) to forward a certified copy of this opinion to the Department of Corrections’ institution or facility where Werdell is incarcerated....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2813871, 2012 Fla. App. LEXIS 11285
...which attempt to litigate claims previously raised and rejected may result in issuance of an order to show cause and prohibitions under State v. Spencer,
751 So.2d 47 (Fla.1999), as well as recommendations of disci *885 plinary sanctions pursuant to section
944.279, Florida Statutes (2012)....
CopyPublished | District Court of Appeal of Florida
disciplinary action against Appellant pursuant to section
944.279, Florida Statutes, and the Department’s rules
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 9928, 2015 WL 3981194
...Any such further and unauthorized pro se filings by Weaver will subject him
to sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 3305809, 2013 Fla. App. LEXIS 10487
...he Florida Bar. A certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2013)....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 103, 2016 WL 67326
...Florida Bar in good standing. Any further unauthorized pro se filings by Daily will
subject him to sanctions, including the issuance of written findings forwarded to
the Florida Department of Corrections for consideration by it of disciplinary
action. See § 944.279(1), Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from Duval County Circuit
Court Case No. 1996-CF-05296-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....
CopyPublished | Florida 2nd District Court of Appeal
...determined that Crum has knowingly and recklessly brought false information and
evidence before this court, we write to set forth our findings and to refer this matter to
the Department of Corrections for disciplinary procedures pursuant to the rules of the
Department. See § 944.279, Fla....
...petition for a writ of habeas corpus—all of which continue to challenge the circuit court's
jurisdiction to revoke his probation.2 He filed, under oath, pro se briefs in both appeals,
and he also filed his habeas petition pro se and under oath. In each of these
1Section 944.279(1) provides, in relevant part, as follows:
(1) At any time, and upon its own motion or on
motion of a party, a court may conduct an inquiry into
whether any action or appeal brought by a prisoner was
brought in good faith....
...e sentence and
they show that Crum was well aware of that fact.
We ordered Crum to show cause why he should not be sanctioned for
knowingly or recklessly bringing false evidence or information before this court and why,
pursuant to section
944.279(1), a certified copy of this court's findings should not be
forwarded to the Department of Corrections for the institution of disciplinary procedures
pursuant to the rules of the Department as provided in section
944.09....
...d that Crum either knowingly or recklessly
brought false information and evidence before this court in this proceeding, as well as in
-4-
case numbers 2D17-2220 and 2D15-4625, and in accordance with section 944.279(1),
we direct the clerk of this court to forward a certified copy of this opinion to the Florida
Department of Corrections' institution or facility where Crum is incarcerated for
institution of disciplinary procedures pursuant to t...
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 45872, 2013 Fla. App. LEXIS 199
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 960, 2008 WL 238508
...We further admonish appellant that, because of his total mischarac-terization of the sentencing transcript, any further actions of this nature may result in sanctions being imposed by the Department of Corrections. See Rivera v. State,
943 So.2d 973 (Fla. 5th DCA 2006); §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Court directed to Duval
County Circuit Court Case No. 2018-CF-003016-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....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 30679, 2014 Fla. App. LEXIS 105
...ailing which any such case will be subject to dismissal. In addition, we direct the clerk to forward a certified copy of this opinion to *985 Young’s correctional institution for consideration of administrative disciplinary proceedings pursuant to section 944.279(1), Florida Statutes (2013), and the rules of the Department of Corrections....
CopyPublished | Florida 1st District Court of Appeal
...State, (appealing an order denying
a motion for postconviction relief); 1D2024-0327, Ivey v. State
(appealing an order denying motion for rehearing).
This court finds Ivey’s appeal frivolous and refers him to the
Department of Corrections for sanctions. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...The court also warns the petitioner
that any future filings determined to be frivolous may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 320239, 2014 Fla. App. LEXIS 1022
...ings by Solomon Roberts will subject him to appropriate sanctions, including the issuance of written findings forwarded to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 594, 2011 WL 249407
...d sentence); Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 536, 2011 WL 222200
...We caution the appellant that any further appeals of the circuit court's denial of his rule 3.800(a) motion may result in this court referring the appellant to prison officials for disciplinary proceedings. State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida
state prisoner. See §
944.279(1), Fla. Stat. (2017). Consistent with section
944.279(1), Florida Statutes
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 420, 2011 WL 198386
...they are signed by a member in good standing of The Florida Bar. Petitioner is warned that any future filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2010) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 3rd District Court of Appeal
...unauthorized filings by Johnson will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of Corrections
for its consideration of disciplinary action, including the forfeiture of gain time. See
§ 944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 39, 2014 WL 241904, 2014 Fla. LEXIS 201
...After considering Lockhart’s
response, we conclude that it fails to show cause why sanctions should not be
imposed. We further conclude that Lockhart’s procedurally barred petition filed in
this case is a frivolous proceeding brought before this Court by a state prisoner.
See § 944.279(1), Fla....
...Counsel may file on Lockhart’s behalf if counsel determines that the
proceeding may have merit and can be brought in good faith. 6 Furthermore,
because we have found Lockhart’s petition to be frivolous, we direct the Clerk of
this Court, pursuant to section 944.279(1), Florida Statutes (2013), to forward a
certified copy of this opinion to the Department of Corrections’ institution or
facility where Lockhart is incarcerated....
CopyPublished | Supreme Court of Florida | 2016 WL 264508
...Spencer, 751 So.2d. 47 (Fla.1999), directed Blaxton to show cause why he should not be barred from filing any future pro se requests for relief and referred to the Florida Department of Corrections (DOC) for. possible disciplinary action pursuant to section 944.279, Florida Statutes. Blaxton filed a response to the order to show cause and a motion seeking rehearing on our September 10, 2015, order. In his response, Blaxton claims that section 944.279, Florida Statutes, does not apply to criminal or collateral criminal proceedings and that he should not be referred to the DOC for possible disciplinary action. While section 944.279, Florida Statutes, does not apply to criminal proceedings, it does apply to “frivolous or malicious collateral criminal proceeding[s].” § 944.279(1), (2), Fla....
...not be imposed against him for his repeated misuse of this Court’s limited judicial resources. We further conclude that the petition filed by Otis D. Blaxton in this case is a frivolous proceeding brought before this Court'by a state prisoner. See § 944.279(1), Fla....
...he assistance of counsel whenever such counsel determines that the proceeding may have merit and can be filed in good faith. 3 Further, because we have found Blaxton’s petitions to be frivo *219 lous, we direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes, to forward a certified copy of this opinion to the DOC institution or facility where Blaxton is incarcerated....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 14, 2016 Fla. LEXIS 126
...Spencer,
751 So. 2d 47 (Fla. 1999),
directed Blaxton to show cause why he should not be barred from filing any future
pro se requests for relief and referred to the Florida Department of Corrections
(DOC) for possible disciplinary action pursuant to section
944.279, Florida
Statutes.
Blaxton filed a response to the order to show cause and a motion seeking
rehearing on our September 10, 2015, order. In his response, Blaxton claims that
section
944.279, Florida Statutes, does not apply to criminal or collateral criminal
proceedings and that he should not be referred to the DOC for possible disciplinary
action. While section
944.279, Florida Statutes, does not apply to criminal
-4-
proceedings, it does apply to “frivolous or malicious collateral criminal
proceeding[s].” §
944.279(1), (2), Fla....
...be imposed
against him for his repeated misuse of this Court’s limited judicial resources. We
further conclude that the petition filed by Otis D. Blaxton in this case is a frivolous
proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
...and 11-CF-572A through the assistance of counsel whenever such counsel
determines that the proceeding may have merit and can be filed in good faith.3
Further, because we have found Blaxton’s petitions to be frivolous, we direct the
Clerk of this Court, pursuant to section 944.279(1), Florida Statutes, to forward a
certified copy of this opinion to the DOC institution or facility where Blaxton is
incarcerated.4
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and PERRY, J...
CopyPublished | Florida 5th District Court of Appeal
...stemming from Brevard
County Circuit Court Case No. 2008-CF-010573-C, 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....
CopyPublished | Supreme Court of Florida
...If no action is
taken, Petitioner will continue to burden the Court’s resources. We
further conclude that Petitioner’s habeas petition filed in this case
-3-
is a frivolous proceeding brought before the Court by a state
prisoner. See § 944.279(1), Fla....
...Watson that are related to case number 132017CF0187890001XX,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Petitioner’s
petition to be frivolous, we direct the Clerk of this Court, pursuant
to section 944.279(1), Florida Statutes (2023), to forward a copy of
this opinion to the Florida Department of Corrections’ institution or
facility in which Petitioner is incarcerated.
No motion for rehearing or clarification will be entertain...
CopyPublished | Florida 1st District Court of Appeal | 2013 Fla. App. LEXIS 343, 2013 WL 127442
...Furthermore, in our case number 1D11-1052, which addressed another of Appellant’s post-conviction motions in this case, this court issued an order warning Appellant that the filing of any further procedurally-barred challenges to his conviction and sentence may result in imposition of sanctions by this court pursuant to section 944.279, Florida Statutes....
...Appellant’s motion below in this case was improperly successive and this appeal is likewise improper. Accordingly, we direct the clerk of this court to forward a certified copy of this opinion to the appropriate correctional institution for the imposition of disciplinary proceedings against Appellant, in accordance with section 944.279, Florida Statutes (2004)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 1539, 2011 WL 439533
...Piute that any future postconviction proceeding filed to challenge these judgments and sentences, absent a new claim that has legal merit, is likely to result in a referral to the appropriate institution or facility for disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ber in good standing of the Florida Bar, this Court will direct the Clerk to provide a certified copy of this opinion and any subsequent, related opinions to the appropriate institution for consideration of disciplinary action against Appellant. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ber in good standing of the Florida Bar, this Court will direct the Clerk to provide a certified copy of this opinion and any subsequent, related opinions to the appropriate institution for consideration of disciplinary action against Appellant. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 466257, 2013 Fla. App. LEXIS 1975
...nce must be signed by a member in good standing with The Florida Bar. Petitioner was warned that any filings which violated the terms of the opinion could result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2012)....
...Petitioner failed to file a re *451 sponse to the show cause order on sanctions. Instead, a notice of voluntary dismissal was filed on petitioner’s behalf. The filing of a voluntary dismissal does not divest an appellate court of jurisdiction to enter an order authorizing sanctions in accordance with section 944.279....
...4th DCA 2008); see also Van Meter v. State,
726 So.2d 388 (Fla. 1st DCA 1999) (holding that the filing of a notice of voluntary dismissal does not divest a trial court of the requisite jurisdiction to enter an order authorizing sanctions in accordance with section
944.279)....
...ary procedures. A certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in section 944.279....
CopyPublished | Florida 1st District Court of Appeal
...terial witness
before filing the information).
Because we find this appeal to be frivolous, we direct the clerk
to forward a certified copy of this opinion to the Department of
Corrections for potential disciplinary action against Carsten. See §
944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 464157, 2014 Fla. App. LEXIS 1456
...iction and sentence in this case may result in the imposition of sanctions, such as a bar on further pro se filing in this court and/or referral to prison officials for disciplinary procedures. See State v. Spencer,
751 So.2d 47 (Fla.1999). See also §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We agree, and caution Montgomery that repetitive, malicious, or frivolous filings in this Court will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We agree, and caution Montgomery that repetitive, malicious, or frivolous filings in this Court will result in sanctions such as a bar on pro se filing in this Court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...We agree, and caution Montgomery that
repetitive, malicious, or frivolous filings in this Court will result
in sanctions such as a bar on pro se filing in this Court or referral
to prison officials for disciplinary proceedings, which may include
forfeiture of gain time. See State v. Spencer,
751 So. 2d 47 (Fla.
1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...further order or comment.
We find Appellant’s present appeal frivolous. We direct a
certified copy of this opinion be provided to the Department of
Corrections to be forwarded to the appropriate institution or
facility for disciplinary procedures pursuant to section 944.279,
Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 1087, 2011 WL 335591
...State,
652 So.2d 980 (Fla. 5th DCA 1995). The clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See Simpkins v. State,
909 So.2d 427, 428 (Fla. 5th DCA 2005); §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...r. See
Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is
enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2020); State v. Spencer, 751 So
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 1404, 2016 WL 403446
...ause, any further and unauthorized
pro se filings by Woodson will subject him to sanctions, including the issuance of
written findings forwarded to the Florida Department of Corrections for
consideration by it for disciplinary action, pursuant to section 944.279(1) of the
Florida Statutes.
2 This Court’s 2012 opinion, which responds to Woodson’s ninth claim on the
same grounds, lists the eight previous cases in which Woodson raised the same
issue he raises in the instant case....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1453, 2016 WL 424650
...rry unless signed by
a member in good standing with the Florida Bar, who certifies that there
is a good faith basis for the claims presented. A copy of this opinion is
also being sent to Woodberry’s prison for consideration of disciplinary
action. § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...State,
1D04-0688 (dismissing rule 3.850 motion for failure to file timely
notice of appeal); Bowden,
109 So. 3d 1157 (affirming an order
denying a rule 3.850 motion).
The court finds that this appeal is frivolous and refers Bowden
to the Department of Corrections for sanctions. See §
944.279, Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 2521, 2011 WL 680351
...Additionally, due to petitioner’s abuse of the legal process, petitioner was directed to show cause why sanctions should not be imposed against him, including a finding that this proceeding is frivolous and referring the case to the Department of Corrections for sanctions pursuant to section 944.279, Florida Statutes (2010), and a prohibition against any future appeals or petitions challenging the judgment and sentence....
...The Clerk of the Court is directed not to accept any future filings concerning this case unless they are signed by a member in good standing of The Florida Bar. In addition, this court finds that this proceeding is frivolous and this case is hereby referred to the Department of Corrections for sanctions pursuant to section 944.279, Florida Statutes (2010) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 2848, 2015 WL 849000
...The petitioner is warned that any future collateral attacks on the judgment and sentence in Alachua County Circuit Court case number 01-2002-CF-002089A may result in sanctions, including but not limited to referral for disciplinary action, a prohibition on future pro se filings, or both. See Fla. Stat. § 944.279 (1); State v....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 714484, 2014 Fla. App. LEXIS 2583
...Based on appellant’s history of litigating untimely and frivolous claims, the Clerk of this Court is directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 2569
...riate sanctions, including
the issuance of written findings forwarded to the Florida Department of
7
Corrections for its consideration of disciplinary action, including the forfeiture of
gain time. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 235, 2017 WL 728306, 2017 Fla. LEXIS 372
...SC13-1104 (Fla. Aug. 26, 2013) (habeas petition transferred); Hawkins v. Crews,
No. SC12-2254 (Fla. Mar. 22, 2013) (habeas petition transferred).
-3-
Corrections for possible disciplinary action pursuant to section 944.279, Florida
Statutes (2016)....
...l determines that the proceeding
may have merit and can be filed in good faith.
Additionally, we find that the petition filed by Geno L. Hawkins, Sr., in this
case is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla. Stat. (2016). Consistent with section 944.279(1), Florida Statutes
(2016), we direct the Clerk of this Court to forward a certified copy of this opinion
to the institution or facility of the Florida Department of Corrections where
Hawkins is incarcerated....
CopyPublished | Florida 5th District Court of Appeal
...that any further pro se filings in this Court asserting claims
stemming from the identified case number 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....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 2288, 2016 WL 627879
...Our
records show that Whyms has filed other meritless postconviction motions
and appeals. We caution Whyms that frivolous postconviction filing will
not be tolerated and may result in sanctions and referral to prison officials.
See State v. Spencer,
751 So. 2d 47 (Fla. 1999); see also §
944.279(1), Fla.
Stat....
CopyPublished | Florida 5th District Court of Appeal
...se filings in this Court asserting claims stemming from the
identified circuit case number 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....
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough
is enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...circuit court and the Fourth District. The Court dismissed the
petition and directed Rosa to show cause why she should not be
barred from filing any further pro se requests for relief and referred
to the Department of Corrections for possible disciplinary action
pursuant to section 944.279(1), Florida Statutes (2024).
In response to this Court’s show cause order, Rosa repeats
much of the argument found in her petition....
...conduct timely reviews of their legitimate filings”). If no action is
taken, Rosa will continue to burden the Court’s resources. We
further conclude that Rosa’s all writs petition filed in this case is a
frivolous proceeding brought before the Court by a state prisoner.
See § 944.279(1), Fla....
...Rosa that are related to case numbers 062004CF010827A88810
and 062005CF014414A88810, unless such filings are signed by a
member in good standing of The Florida Bar. Furthermore, because
we have found Rosa’s petition to be frivolous, we direct the Clerk of
this Court, pursuant to section 944.279(1), Florida Statutes, to
forward a copy of this opinion to the Florida Department of
Corrections’ institution or facility in which Rosa is incarcerated.
No motion for rehearing or clarification will be considered by
this Co...
CopyPublished | Florida 1st District Court of Appeal
...2004).
The Court warns Petitioner any future filings that this Court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this Court and a referral to the appropriate institution for
disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 19543, 2011 WL 6057928
...State,
881 So.2d 1122 (Fla. 4th DCA 2004). Such attempts may result in orders imposing the sanction of no longer accepting his pro se filings and referring him to prison officials for disciplinary proceedings. State v. Spencer,
751 So.2d 47 (Fla.1999); see also §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...July 31,
2019).
-2-
sentences. The Court dismissed the petition 3 and directed Baysen to show cause
why he should not be barred from filing any further pro se requests for relief and
referred to the Department of Corrections for possible disciplinary action pursuant
to section 944.279(1), Florida Statutes (2018).
In response to this Court’s show cause order, Baysen maintains that his
sentences are illegal....
...mate filings”). If no action is taken,
Baysen will continue to burden the Court’s resources. We further conclude that
Baysen’s all writs petition filed in this case is a frivolous proceeding brought
before the Court by a state prisoner. See § 944.279(1), Fla....
...to case numbers 501991CF015627AXXXMB, 501992CF004265AXXXMB, and
501993CF004265AXXXMB, unless such filings are signed by a member in good
standing of The Florida Bar. Furthermore, because we have found Baysen’s
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2019), to forward a copy of this opinion to the
-4-
Florida Department of Corrections’ institution or facility in which Baysen is
incarcerated.
No motion...
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 5100690
...e Florida Bar. See Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...This petition was no different.
We denied the petition and directed Jackson to show cause why he should not be
barred from filing any further requests for relief and referred to the Department of
Corrections for possible disciplinary action pursuant to section 944.279, Florida
Statutes (2019).
Jackson filed a response to the order to show cause in which he asserts that
his claims are meritorious, so he should not be sanctioned....
...-2-
abused the judicial process and burdened this Court’s limited judicial resources.
We further conclude that Jackson’s mandamus petition filed in this case is a
frivolous proceeding brought before this Court by a state prisoner. See
§ 944.279(1), Fla....
...Counsel may file on Jackson’s behalf if counsel
determines that the proceedings may have merit and can be brought in good faith.
Furthermore, because we have found Jackson’s petition to be frivolous, we
direct the Clerk of this Court, pursuant to section 944.279(1), Florida Statutes
(2019), to forward a copy of this opinion to the Florida Department of Corrections
institution or facility in which Jackson is incarcerated.
No motion for rehearing or clarification will be entertained by...
CopyPublished | Florida 5th District Court of Appeal
...claims stemming from Seminole County Circuit Court Case No. 2016-CF-
0063-A may result in sanctions such as a bar on pro se filings in this court
and referral to prison officials for disciplinary proceedings, which may include
forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from Lake County Circuit Court Case
Number 2009-CF-002880-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....
CopyPublished | Florida 5th District Court of Appeal
...s stemming from
Orange County Circuit Court Case No. 2012-CF-8523 may result in
sanctions such as a bar on pro se filings in this court and referral to prison
officials for disciplinary proceedings, which may include forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19466, 2015 WL 9590337
...t any further and unauthorized pro se
filings in these cases will subject him to sanctions, including the issuance of
written findings forwarded to the Florida Department of Corrections for
consideration by it for disciplinary action, pursuant to section 944.279(1) of the
Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 20248, 2004 WL 3015098
...1 In addition to denying Beaver’s mandamus petition and denying him future pro se access to this Court, we note that the instant mandamus petition arose from two civil actions. Finding this petition to be frivolous and without merit, we observe that the Department of Corrections, pursuant to sections
944.279(1) and
944.28(2)(a), Florida Statutes (2004), has the authority to forfeit Beaver’s gain time and impose other appropriate disciplinary sanctions. Accordingly, we direct our clerk, pursuant to section
944.279, to forward a certified copy of this opinion to the appropriate institution or facility for consideration of disciplinary procedures against Beaver....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 19613, 2014 WL 6789906
...10-CF-17674, 10-CF-
19726, and 10-CF-19945 may result in additional sanctions, such as a ban on future pro
se notices of appeal in this court and/or referral to prison officials for disciplinary
procedures. See Spencer,
751 So. 2d at 49; see also §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18342, 2010 WL 4903818
...PER CURIAM. Tyson L. Preston petitions for another appeal, alleging ineffective assistance of appellate counsel. See Fla. R.App. P. 9.141(c). We deny the petition, and order Preston to show cause as to why he should *8 not be sanctioned pursuant to section 944.279, Florida Statutes (2010), for filing a frivolous and misleading collateral criminal proceeding....
...There was no objection to this method of presenting the issue to the jury. As such, Preston's petition completely lacks merit. Accordingly, we deny the petition and grant Preston thirty days to demonstrate, in writing, why this court should not recommend sanctions pursuant to section 944.279, Florida Statutes (2010), for filing a frivolous petition....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 19842, 2010 WL 5344887
...We strongly caution Smith against future motions, petitions or appeals raising the same challenges to his convictions and sentences in these cases. Such future attempts will be met with referral to the appropriate institution for consideration of disciplinary procedures which may include forfeiture of gain time, see § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 WL 3813671
...Longley, and any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The Court warns Morales that any future
filings that this Court determines to be frivolous may result in the
imposition of sanctions, including a prohibition against any
further pro se filings in this Court and a referral to the appropriate
institution for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...pro se filings in his Broward County criminal case. * We find that
the petition, and this appeal from its dismissal, were not brought
in good faith. Accordingly, we refer Luxama to the Department of
Corrections for potential disciplinary action. See § 944.279, Fla.
Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 19221, 41 Fla. L. Weekly Fed. D 9
...anding.
Additionally, and absent a showing of good cause, this court intends to issue
an order to be forwarded to the Florida Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...malicious, or frivolous filings directed to Marion County Circuit Court Case
No. 2013-CF-000767 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....
CopyPublished | Florida 3rd District Court of Appeal
...4-
1126, 94-1989, 95-787, 95-3458, 00-2534, 03-934, 05-1213, 08-150, 09-
2370, and 16-1896.
3
Department of Corrections for its consideration of disciplinary action,
including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 19994, 2009 WL 4908498
...Appellant, Douglas Walker, challenges the circuit court's determination that his petition for writ of mandamus was frivolous, dismissal of the action, and direction to the Clerk of Courts to forward a copy of the order to the correctional facility for appropriate disciplinary action, pursuant to section 944.279, Florida Statutes....
...Appellant has failed to show cause why the trial court's order should not be summarily affirmed. The court correctly applied section
57.085, Florida Statutes, to find the action frivolous or malicious and to dismiss the action. §§
57.085(8) & (9), Fla. Stat. Section
944.279, Florida Statutes, clearly provides authority for the court's direction to the Clerk of Courts to send a copy of the order to the correctional institution for appropriate administrative proceedings....
...on in this court. The Clerk of this Court is instructed to reject any future filings submitted by Walker unless signed by a member in good standing of The Florida Bar. If Mr. Walker violates this order, he may be subject to additional sanctions. See § 944.279(1), Fla....
CopyPublished | District Court of Appeal of Florida
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2023); State v. Spencer, 751 So
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 18780
...se unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Supreme Court of Florida
...at 819.
-4-
filings”). If no action is taken, Marts will continue to burden this Court’s
resources. We further conclude that Marts’ habeas corpus petition filed in this case
is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla....
...that are related to case
number 172007CF006067XXXAXX, unless such filings are signed by a member
in good standing of The Florida Bar. Furthermore, because we have found Marts’
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2018), to forward a copy of this opinion to the
Florida Department of Corrections’ institution or facility in which Marts is
incarcerated.
Marts’ “Motion to Hold Clerk, John A....
CopyPublished | Supreme Court of Florida
...at 819.
_4_
filings”). If no action is taken, Marts will continue to burden this Court’s
resources. We further conclude that Marts’ habeas corpus petition filed in this case
is a frivolous proceeding brought before this Court by a state prisoner. See §
944.279(1), Fla....
...that are related to case
number 172007CF006067XXXAXX, unless such filings are signed by a member
in good standing of The Florida Bar. Furthermore, because we have found Marts’
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2018), to forward a copy of this opinion to the
Florida Department of Corrections’ institution or facility in which Marts is
incarcerated.
Marts’ “Motion to Hold Clerk, John A....
CopyPublished | Florida 5th District Court of Appeal
...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....
CopyPublished | Florida 5th District Court of Appeal
...in this Court asserting claims stemming from Brevard County Circuit Court
Case No. 2009-CF-48339-X 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....
CopyPublished | Florida 5th District Court of Appeal
...directed to Volusia County Circuit
Court Case No. 2007-034013-CFAES 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....
CopyPublished | Florida 5th District Court of Appeal
...is Court asserting
claims stemming from the identified case number may result in sanctions
such as a bar on pro se filings in this Court and referral to prison officials for
disciplinary proceedings, which may include forfeiture of gain time. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...1032; 3D13-2070; 3D14-0356; 3D14-1321; 3D14-2724; 3D17-2786; and 3D18-
2187.
2
findings forwarded to the Department of Corrections for its consideration of
disciplinary action and forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 6603057, 2012 Fla. App. LEXIS 21758
PER CURIAM. This petition is hereby dismissed, as warned in Brown v. McNeil,
22 So.3d 741 (Fla. 1st DCA 2009). Consistent with that opinion and with Section
944.279(1), Florida Statutes, this court finds the instant petition for writ of habeas corpus to be frivolous. The clerk of this court shall forward a certified copy of this order “to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the department as provided in s.
944.09.” Fla. Stat. §
944.279 (1)....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 21766, 2012 WL 6600337
...The filing of frivolous postconviction challenges and appeals will result in sanctions, including referral to prison officials for disciplinary proceedings and/or a prohibition on pro se filing in this court. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 6600552, 2012 Fla. App. LEXIS 21787
...We therefore order the Clerk of this Court to no longer accept any papers filed by Lucious Hankins, Jr., unless the document has been reviewed and signed by a member in good standing of the Florida Bar. The Clerk shall forward a certified copy of this opinion to the appropriate institution for disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 20457, 2014 WL 7150614
...Appellant is
cautioned that the filing of frivolous postconviction proceedings may result
in the sanction of the courts no longer accepting his pro se filings and
referral to prison officials for disciplinary procedures. See State v. Spencer,
751 So. 2d 47 (Fla. 1999); §
944.279(1), Fla....
CopyPublished | Supreme Court of Florida
brought before the Court by a state prisoner. See §
944.279(1), Fla. Stat. (2023). Accordingly, we direct
CopyPublished | Florida 5th District Court of Appeal
...The Clerk of this Court is directed to not accept any filings in this case unless they are signed by a member in good standing of the Florida Bar. Additionally, we find this appeal is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 18813, 2010 WL 5017398
...Further, we direct the Clerk of this Court to forward a certified copy of this opinion, along with the commissioner’s report, to the appropriate institution or facility of the Department of Corrections for consideration of disciplinary procedures. § 944.279, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 16648, 1999 WL 1127717
...We prohibit Carnes from filing any more frivolous appeals, pleadings, petitions, or motions. There will be consequences if he persists. First, any future violations of this court’s instruction will result in an order directed to the Department of Corrections to forfeit Carnes’s gain time pursuant to sections
944.279,
944.28(2)(a), Florida Statutes (1997)....
CopyPublished | Supreme Court of Florida
...rror. We dismissed the
petition as unauthorized and directed Stewart to show cause why
he should not be barred from filing any further requests for relief
and referred to the Department of Corrections for possible
disciplinary action pursuant to section 944.279, Florida Statutes
(2022).
Stewart filed a response to the Court’s order in which he
argues that he should not be barred from seeking relief in this
Court....
...mate filings”). If no
action is taken, Stewart will continue to burden the Court’s
resources. We further conclude that Stewart’s habeas petition filed
in this case is a frivolous proceeding brought before the Court by a
state prisoner. See § 944.279(1), Fla....
...AXMX,
-3-
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Stewart’s
petition to be frivolous, we direct the Clerk of this Court, pursuant
to section 944.279(1), Florida Statutes (2022), to forward a copy of
this opinion to the Florida Department of Corrections’ institution or
facility in which Stewart is incarcerated.
No motion for rehearing or clarification will be entertained...
CopyPublished | Supreme Court of Florida
...agreement. We dismissed the petition as unauthorized and directed
Stewart to show cause why he should not be barred from filing any
further requests for relief and referred to the Department of
Corrections for possible disciplinary action pursuant to section
944.279, Florida Statutes (2022).
-2-
Stewart filed a response to the Court’s order in which he
argues that sanctions would be improper because the merits of his
claim have not been addressed....
...mate
filings”). If no action is taken, Stewart will continue to burden the
Court’s resources. We further conclude that Stewart’s habeas
petition filed in this case is a frivolous proceeding brought before
the Court by a state prisoner. See § 944.279(1), Fla....
...Stewart that are related to case number 542013CF000126CFAXMX,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we have found Stewart’s
petition to be frivolous, we direct the Clerk of this Court, pursuant
to section 944.279(1), Florida Statutes (2022), to forward a copy of
this opinion to the Florida Department of Corrections’ institution or
facility in which Stewart is incarcerated.
No motion for rehearing or clarification will be entertained...
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 3400611
...good cause, any further and
unauthorized filings by Hyland will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action. See, §944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12398, 2011 WL 3464225
...such filings are signed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3194117, 2012 Fla. App. LEXIS 13162
...the date of this order why sanctions should not be imposed on him, including a prohibition on further pro se filings in this court related to his 1980 cases and a referral of this matter to the Department of Corrections for disciplinary action under section 944.279, Florida Statutes....
...203377), related to Escambia County Case Nos. 80-3901, 80-3957, 80-4039, and 80-4056, unless signed by a member in good standing of The Florida Bar. We also direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for potential disciplinary action under section 944.279, Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 13192, 2012 WL 3192748
...to litigate baseless claims or claims previously raised and rejected may result in issuance of an order to show cause and prohibitions under State v. Spencer,
751 So.2d 47 (Fla.1999), as well as recommendations of disciplinary sanctions pursuant to section
944.279, Florida Statutes (2012)....
CopyPublished | Florida 1st District Court of Appeal
...The Court warns Appellant any future filings that
this Court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any future pro se
filings in this Court and a referral to the appropriate institution
for disciplinary procedures. See § 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal
...s that this court
determines to be frivolous may result in the imposition of
sanctions, including a prohibition against any further pro se filings
in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of th...
CopyPublished | Florida 1st District Court of Appeal
...1D2020-2207 (dismissing for
Newkirk’s failure to comply with order requiring him to file an
amended petition).
Because we find this appeal to be frivolous, we direct the clerk
to forward a certified copy of this opinion to the Department of
Corrections for potential disciplinary action against Newkirk. See
§ 944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 10962, 2009 WL 2392991
...The Clerk of the Court is directed not to accept any future pro se filings concerning this case unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for disciplinary procedures, as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from Citrus County Circuit Court Case
Number 2012-CF-000707-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....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11698, 2015 WL 4637306
...unauthorized filings by Clayton will subject him to appropriate sanctions,
including the issuance of written findings forward to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 13181, 2016 WL 4542104
...Any further and unauthorized pro se filings by Markland will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
2
CopyPublished | Florida 5th District Court of Appeal
...further pro se filings in this Court asserting claims stemming from
the identified case numbers may result in sanctions such as a bar
on pro se filings in this Court and referral to prison officials for
disciplinary proceedings, which may include forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2017 WL 3722484
...3d DCA 2013).
Additionally, any such further and unauthorized pro se filings by Jones may
subject him to appropriate sanctions, including the issuance of written findings
forwarded to the Department of Corrections for its consideration of disciplinary
action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3139591, 2012 Fla. App. LEXIS 12651
...e unless they are filed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes....
CopyPublished | Supreme Court of Florida
...Because it was apparent that
Harris was represented by counsel in ongoing criminal proceedings, both petitions
were dismissed pursuant to Logan v. State,
846 So. 2d 472 (Fla. 2003).
-2-
and referred to the Department of Corrections for possible disciplinary action
pursuant to section
944.279, Florida Statutes (2018).
Harris filed a response to the order to show cause in which he reasserts his
claims regarding the trial court’s lack of subject matter jurisdiction over his
criminal cases....
...We further conclude that Harris’s habeas petition filed
in this case, which represents the seventh petition for writ of habeas corpus in
which he has raised the same issues and sought the same relief, is a frivolous
proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla.
Stat....
...Counsel may file on Harris’s behalf if counsel
determines that the proceeding may have merit and can be brought in good faith.
Furthermore, because we have found Harris’s petition to be frivolous, we direct the
Clerk of this Court, pursuant to section 944.279(1), Florida Statutes (2018), to
forward a copy of this opinion to the Florida Department of Corrections institution
or facility in which Harris is incarcerated.
No motion for rehearing or clarification will be entertained by...
CopyPublished | Supreme Court of Florida
...SC19-287,
2019 WL 2063597 (Fla. May 10,
2019).
-2-
other filings submitted to this Court by him related to case number
131989CF0067160001XX. The Court also directed Williams to show cause why,
pursuant to section
944.279(1), Florida Statutes (2018), a certified copy of the
Court’s findings should not be forwarded to the appropriate institution for
disciplinary procedures pursuant to the rules of the Florida Department of
Corrections....
...legitimate filings”). If no action is taken, Williams will continue to burden the
Court’s resources. We further conclude that Williams’ habeas petition filed in this
case is a frivolous proceeding brought before the Court by a state prisoner. See §
944.279(1), Fla....
...Williams that are related to case
number 131989CF0067160001XX, unless such filings are signed by a member in
good standing of The Florida Bar. Furthermore, because we have found Williams’
petition to be frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2018), to forward a copy of this opinion to the
Florida Department of Corrections’ institution or facility in which Williams is
incarcerated.
No motion for rehearing or clarification will be entertain...
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 13386, 2014 WL 4242818
...Sims seeks certiorari review of an order dismissing his petition for writ of mandamus as untimely and frivolous, and directing that a copy of the order be delivered to the Department of Corrections for consideration of appropriate sanctions pursuant to section 944.279(1), Florida Statutes (2014)....
...Sims then filed a motion to supplement *980 or amend his pleading and approximately one week later, the Department filed its response to the order to show cause. That response included a request that the court refer Sims for consideration of administrative sanctions pursuant to section 944.279(1)....
...essential requirements of law. 1 Cf. Bard v. Wolson,
687 So.2d 254 (Fla. 1st DCA 1996). Accordingly, the portion of the circuit court’s order directing that a copy thereof be delivered to DOC for consideration of appropriate sanctions pursuant to section
944.279(1), Florida Statutes, is QUASHED, and the matter is remanded for any further proceedings the lower tribunal deems warranted....
CopyPublished | Supreme Court of Florida
possible disciplinary action pursuant to section
944.279, Florida Statutes (2019). James filed
CopyPublished | Florida 3rd District Court of Appeal
...Absent a showing' of good cause, this court intends to issue written findings which will be forwarded by the clerk of this court to the Florida Department of Corrections for its consideration of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...Absent a showing of good cause, this court intends to issue written findings
which will be forwarded by the clerk of this court to the Florida Department of
Corrections for its consideration of disciplinary action, including the forfeiture of
gain time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...asserting claims stemming from Seminole County Circuit Court Case No. 2019-
CA-3310, 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....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12882, 2016 WL 4473321
...unless they are signed by a member in good standing of The Florida Bar. Petitioner is warned that any filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided, in section 944.279,- Florida Statutes (2015) (providing that a prisoner'who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 12883
...ey are signed by a member in good standing
of The Florida Bar.
Petitioner is warned that any filings which violate the terms of this opinion may
result in a referral to the appropriate institution for disciplinary procedures as provided
in section 944.279, Florida Statutes (2015) (providing that a prisoner who is found by a
court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to
2
disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 14259, 2006 WL 2450117
...Unless filed by a member of the Florida Bar in good standing, additional pleadings regarding this case will be summarily rejected by the Clerk. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 11523, 1999 WL 641441
PER CURIAM. In these consolidated proceedings, Lawrence Lee Jones petitions for certiorari review of an order denying his petition for writ of mandamus, and appeals a provision of the same order finding, pursuant to section 944.279, Florida Statutes (1997), that the petition was frivolous and thus subjects Jones to disciplinary action by the Department of Corrections....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12654, 2015 WL 5009264
...cessive or frivolous may result in the imposition of sanctions, including a bar to further pro se filings and a referral to the appropriate institution for disciplinary procedures pursuant to the rules of the Department of Corrections as provided in section 944.279, Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 12660, 2015 WL 4999038
...he Florida Bar. A certified copy of this opinion shall be provided to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, Florida Statutes (2015)....
CopyPublished | Supreme Court of Florida
...It is apparent
that if no action is taken, Merritt will continue to burden the
Court’s resources. We further conclude that Merritt’s habeas
-3-
petition filed in this case is a frivolous proceeding brought before
the Court by a state prisoner. See § 944.279(1), Fla....
...Merritt that are related to case number 502010CF008673AXXXMB,
unless such filings are signed by a member in good standing of The
Florida Bar. Furthermore, because we find Merritt’s petition to be
frivolous, we direct the Clerk of this Court, pursuant to section
944.279(1), Florida Statutes (2023), to forward a copy of this
opinion to the Florida Department of Corrections’ institution or
facility in which Merritt is incarcerated.
No motion for rehearing or clarification will be entertained...
CopyPublished | Supreme Court of Florida
...te filings”). If no action is
taken, Kendrick will continue to burden the Court’s resources. We
further conclude that Kendrick’s habeas petition filed in this case is
a frivolous proceeding brought before the Court by a state prisoner.
See § 944.279(1), Fla....
...James Kendrick that are related to case number
291994CF006120000AHC, unless such filings are signed by a
member in good standing of The Florida Bar. Furthermore, because
we have found Kendrick’s petition to be frivolous, we direct the
Clerk of this Court, pursuant to section 944.279(1), Florida
Statutes (2023), to forward a copy of this opinion to the Florida
Department of Corrections’ institution or facility in which Kendrick
is incarcerated.
-5-
No motion for reh...
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla Stat. (2018) ; State v. Spencer , 751
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla Stat. (2018) ; State v. Spencer , 751
CopyPublished | Florida 5th District Court of Appeal
...Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough
is enough.”). The Clerk is further directed to forward a certified copy of this
opinion to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 13792, 2006 WL 2380624
...Snead and any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of *1256 disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 13797, 2006 WL 2380499
...Any more pleadings regarding this case will be summarily rejected by the Clerk, unless they are filed by a member in good standing of The Florida Bar. The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...malicious, or frivolous filings directed to Duval County Circuit
Court Case No. 2011-CF-7086-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....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is cautioned that abusive, repetitive, malicious, or frivolous filings will result in sanctions such as a bar on pro se filing in this court or referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is
cautioned that abusive, repetitive, malicious, or frivolous filings
will result in sanctions such as a bar on pro se filing in this court
or referral to prison officials for disciplinary proceedings, which
may include forfeiture of gain time. See State v. Spencer,
751 So.
2d 47 (Fla. 1999); §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 3499812
...and the burden of
proof in support of his or her motion.”).
Finally, we note that appellant is subject to sanctions if the trial court
determines that he has brought a frivolous claim or has knowingly or
recklessly made false allegations. § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3481018, 2017 Fla. App. LEXIS 11678
...this case unless they are filed by a member of the Florida Bar in good standing.
Petitioner is warned that any filings that violate the terms of this opinion may result in
a referral to the appropriate institution for disciplinary procedures as provided in
section 944.279, Florida Statutes.
DISMISSED.
B.L....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 12035, 2015 WL 4768810
...State,
652 So.2d 980, 980 (Fla. 5th DCA 1995); Isley v. State,
652 So.2d 409, 411 (Fla. 5th DCA 1995). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4081006, 2013 Fla. App. LEXIS 12645
...evidence was insufficient to support an escape conviction. The Clerk of this Court is directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 3928398, 2014 Fla. App. LEXIS 12435
...cking
his convictions and sentences in this case may result in sanctions, such
as a ban on future pro se filings in this court and/or referral to prison
officials for disciplinary procedures. See State v. Spencer,
751 So. 2d 47
(Fla. 1999). See also §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from Hernando County Circuit Court
Case Number 2006-CF-002030-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....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11929, 2015 WL 4750838
...Any further and unauthorized pro se filings by Morales will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
The motion for rehearing is denied.
Order issued.
3
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3428458, 2017 Fla. App. LEXIS 11494
...As instructed, the Clerk rejected the filings and each time
wrote Appellant informing him that no action will be taken.
Our prior opinion warned Appellant that any violation of the prior bar order may
subject him to further appropriate sanctions as provided in section 944.279(1), Florida
Statutes....
...t’s order, a certified copy of this opinion shall be
provided to the Florida Department of Corrections to be forwarded to the appropriate
institution or facility for disciplinary procedures pursuant to the rules of the department
as provided in section 944.279, Florida Statutes.
Disciplinary action imposed.
ROBERTS, ROWE, and WINOKUR, JJ., CONCUR.
2
CopyPublished | Florida 3rd District Court of Appeal
...2d 47 (Fla. 1999).
Additionally, and absent a showing of good cause, this Court may issue an
order to be forwarded to the Florida Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
institution for disciplinary procedures. See §
944.279, Fla. Stat. (providing that a prisoner who is
CopyPublished | Florida 1st District Court of Appeal
...We affirm.
We additionally conclude that this appeal is frivolous.
Accordingly, the Clerk of this Court is directed to provide a
certified copy of this opinion to the Department of Corrections for
referral to the appropriate institution for disciplinary procedures.
See § 944.279, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 10780, 2001 WL 863567
...We affirm the trial court’s determination that these civil proceedings brought by Mr. Maggiacomo against the victims of his crime are frivolous and malicious. As a result, the trial court was permitted to refer the matter to the Department of Corrections and to suggest that the Department pursue disciplinary action. See § 944.279, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1373752, 2014 Fla. App. LEXIS 5155
...State,
393 So.2d 33, 34 (Fla. 1st DCA 1981). Appellant is cautioned that filing of frivolous pleadings may result in the sanction of no longer accepting his pro se filings and may result in referral to the Department of Corrections for disciplinary procedures. See §
944.279, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 5328, 2012 WL 1161636
...M. Appellant, Sidney Marts, appeals an order dismissing a civil complaint related to his judgment and sentence in Escambia County Circuit Court case number 2007-CF-6067. We affirm the trial court’s order without further discussion, and pursuant to section 944.279, Florida Statutes (2010), and Florida Rule of Appellate Procedure 9.410, refer Marts to the Department of Corrections for disciplinary procedures....
...of that opinion could result in disciplinary action: Petitioner is warned that any future filings which violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section *981 944.279, Florida Statutes (2010) (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
...We find that Marts’ continued practice of filing pro se pleadings in violation of this court’s order to be frivolous. Accordingly, we direct the clerk of this court to forward a copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The Clerk
is further directed to forward a certified copy of this opinion to the appropriate
institution for consideration of disciplinary proceedings. See §
944.279(1),
Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...rida Bar. See Isley v. State ,
652 So.2d 409 , 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from Putnam County
Circuit Court Case No. 2003-CF-1001-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....
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA
2013).
Additionally, any such further and unauthorized pro se filings by Richardson
may subject him to appropriate sanctions, including the issuance of written
findings forwarded to the Department of Corrections for its consideration of
disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla.
Stat....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1686430, 2014 Fla. App. LEXIS 6217
...orida Bar and that member certifies that a good faith basis exists for each claim presented. Additionally, the Clerk is directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2018) (providing that a prisoner who is found by a court
to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal is subject to disciplinary procedures
pursuant to the rules of the Departm...
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2018) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that this court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2018) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 202, 2014 Fla. LEXIS 1129, 2014 WL 1316157
...ce 2012, 4 *1121 this Court issued an order directing Williams to show cause why he should not be prohibited from filing any further pro se filings related to case number F02-37491B. 5 This Court also directed Williams to show cause why, pursuant to section 944.279(1), Florida Statutes, a certified copy of this Court’s findings should not be forwarded to the appropriate institution for disciplinary procedures pursuant to the rules of the Florida Department of Corrections....
...or relief in this Court regarding his convictions or sentences. Accordingly, we find that the petition filed by Donald Williams in this case contained false information and is a frivolous proceeding brought before this Court by a state prisoner. See § 944.279(1), Fla. Stat. (2013). Consistent with section 944.279(1), Florida Statutes (2013), we direct the Clerk of this Court to forward a certified copy of this opinion to the Florida Department of Corrections’ institution or facility where Williams is incarcerated....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1725928, 2016 Fla. App. LEXIS 6625
...y result in the imposition of sanctions against him, including a prohibition against any future pro se filings and a referral to the Florida Department of Corrections for disciplinary procedures pursuant to the rules of the Department as provided in section 944.279, *228 Florida Statutes (2015)....
CopyPublished | Florida 3rd District Court of Appeal | 2015 WL 5307393, 2015 Fla. App. LEXIS 6228
...unauthorized filings by Weaver will subject him to appropriate sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...gs directed to
Lake County Circuit Court Case No. 2001-CF-001529-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....
CopyPublished | Florida 3rd District Court of Appeal | 2016 WL 1696665, 2016 Fla. App. LEXIS 6335
...by Jefferson will subject him to
sanctions, including the issuance of written findings forwarded to the Florida
2
Department of Corrections for consideration by it for disciplinary action, pursuant
to section 944.279(1) of the Florida Statutes.
Order issued.
3
CopyPublished | Florida 5th District Court of Appeal
which may include forfeiture of gain time. See §
944.279(1), Fla. Stat. (2018) ; State v. Spencer , 751
CopyPublished | Florida 5th District Court of Appeal
...this Court asserting claims stemming from the identified case number may result in sanctions such as a bar on pro se filings in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla....
CopyPublished | Supreme Court of Florida
...nsel determines
that the proceeding may have merit and can be filed in good faith.
Additionally, we find that the petition filed by Carlos L. Woodson in this
case is a frivolous proceeding brought before this Court by a state prisoner. See
§ 944.279(1), Fla. Stat. (2017). Consistent with section 944.279(1), Florida
Statutes (2017), we direct the Clerk of this Court to forward a certified copy of this
opinion to the Department of Corrections’ institution or facility where Woodson is
incarcerated....
CopyPublished | Supreme Court of Florida
directed Barber to show cause why, pursuant to section
944.279(1), Florida Statutes, a certified copy of this
CopyPublished | Florida 3rd District Court of Appeal
...This Court also warned the defendant as follows: “Any
further and unauthorized pro se filings by Henley will subject him to sanctions,
including the issuance of written findings forwarded to the Florida Department of
Corrections for consideration by it for disciplinary action, pursuant to section
944.279(1) of the Florida Statutes.” Id.
Less than six months later, on August 29, 2017, the defendant filed a
“Notice of Appeal and or Motion for Appointment of Counsel to File a Notice of...
...Accordingly, we dismiss the defendant’s pro se appeal filed on
August 29, 2017. Further, we direct the Clerk of this Court to forward a copy of
4
this opinion to the Florida Department of Corrections to consider disciplinary
action against the defendant pursuant to section 944.279(1) of the Florida Statutes.
Dismissed.
5
CopyPublished | Florida 1st District Court of Appeal
...Appellant is warned that any future filings that
this court determines to be frivolous may result in the imposition
of sanctions, including a prohibition against any further pro se
filings in this court and a referral to the appropriate institution for
disciplinary procedures as provided in section 944.279, Florida
Statutes (2023) (providing that “[a] prisoner who is found by a
court to have brought a frivolous or malicious suit, action, claim,
proceeding, or appeal” is subject to disciplinary procedures
pursuant to the rules of the...
CopyPublished | Florida 1st District Court of Appeal
...to give prisoners something to do while they serve their sentences,
and there comes a point in every criminal case that the defendant
needs to accept the finality of his judgment and sentence and just
do his time.”).
Accordingly, pursuant to section 944.279, Florida Statutes, we
direct the Clerk to forward a certified copy of this opinion to the
Department of Corrections for appropriate disciplinary action
against Daniels....
CopyPublished | Florida 3rd District Court of Appeal
...Any such further and unauthorized pro se filings by Johnson will subject
him to sanctions, including the issuance of written findings forwarded to the
Florida Department of Corrections for consideration by it for disciplinary action,
pursuant to section 944.279(1) of the Florida Statutes.
Order issued.
4
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1748475, 2013 Fla. App. LEXIS 6564
...le 3.850 motion). Based on appellant’s history of litigating legally frivolous post-conviction claims in this court, the clerk is hereby directed to send a certified copy of this opinion to the appropriate institution for disciplinary proceedings. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1748553, 2013 Fla. App. LEXIS 6551
...reviewed and signed by a *914 member in good standing of the Florida Bar. The Clerk is directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures, including forfeiture of gain time. § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2018) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections)....
CopyPublished | District Court of Appeal of Florida
for disciplinary procedures as provided in section
944.279, Florida Statutes (2018) (providing that a
CopyPublished | Florida 1st District Court of Appeal
for disciplinary procedures as provided in section
944.279, Florida Statutes (2018) (providing that a
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 5781, 2015 WL 1811943
...unauthorized filings by Walker will subject him to appropriate sanctions, including
the issuance of written findings forwarded to the Florida Department of
Corrections for its consideration of disciplinary action, including forfeiture of gain
time. See § 944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5636, 2011 WL 1502220
...osition of sanctions. We decline to bar further pro se filings from petitioner at this time, but we caution petitioner that further frivolous filings related to his 1988 conviction may result in that sanction being imposed. Additionally, pursuant to section 944.279, Florida Statutes, we direct the Clerk to forward a certified copy of this opinion to the appropriate facility in the Department of Corrections for disciplinary action against petitioner....
CopyPublished | Florida 1st District Court of Appeal
...litigation when considering sanctions. Brown v. State,
221 So. 3d
1284, 1284 (Fla. 1st DCA 2017). After barring Appellant twice,
we also warned him that future “violation of this order could
result in referral to the Department of Corrections for sanctions
under section
944.279, Florida Statutes.” Brown, 221 So....
...But because Appellant has yet to heed
our warnings to stop filing frivolous actions, we also direct a
certified copy of this opinion be provided to the Department of
Corrections to be forwarded to the appropriate institution or
facility for disciplinary procedures pursuant to section 944.279,
Florida Statutes.
Finally, we note that Appellant is still barred from filing any
document with this Court that is not signed by a member in good
standing of The Florida Bar, and the Clerk of this Court is
directed to reject an...
CopyPublished | Florida 5th District Court of Appeal
...48-2009-CF-017527-0 may result in sanctions imposed against him, such as a bar on pro se filings in this court regarding this circuit court case and a referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See State v. Spencer ,
751 So.2d 47 , 48 (Fla. 1999) ; §
944.279(1), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 1752215
...Florida Bar. See Isley v. State,
652 So.2d 409, 410 (Fla. 5th DCA 1995) ("Enough is enough.") The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary procedures. See §
944.279(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...subject him to sanctions, including the issuance of written findings forwarded
3
to the Florida Department of Corrections for consideration of disciplinary
action, including forefeiture of gain time. See § 944.279, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA
2013).
Additionally, any such further and unauthorized pro se filings by
McGlocklin may subject him to appropriate sanctions, including the issuance of
written findings forwarded to the Department of Corrections for its consideration
of disciplinary action, including the forfeiture of gain time. See § 944.279(1), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal
...3d 796 (Fla.
1st DCA 2010) (Mem).
The State concedes that Appellant’s rule 3.800 motion raised
a claim not previously decided on the merits. We reverse the order
barring Appellant from future pro se filings. We note that a trial
court has the authority under section 944.279, Florida Statutes, to
refer any inmate to the Department of Corrections for disciplinary
action, if the inmate files a “frivolous or malicious collateral
criminal proceeding” or “knowingly or with reckless disregard for
the trut...
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1464474, 2014 Fla. App. LEXIS 5569
...r unless the document has been reviewed and signed by a member in good standing of the Florida Bar. Further, the clerk is directed to forward a certified copy of this order to the appropriate institution for consideration of disciplinary procedures. § 944.279(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 1464557, 2014 Fla. App. LEXIS 5560
...hat any further abusive, repetitive, malicious, or frivolous filings might result in sanctions such as a bar on pro se filings in this court and referral to prison officials for disciplinary procedures. See State v. Spencer,
751 So.2d 47 (Fla.1999); §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 5235
...The Clerk of this Court is directed not to accept any future pro se filings by Appellant relating to case number 2001 CF 13451, Fourth Judicial Circuit in and for Duval County. We also direct the Clerk to forward a certified copy of this opinion to the Department of Corrections for potential disciplinary action under section 944.279, Florida Statutes....
CopyPublished | Florida 5th District Court of Appeal
...a Bar. See Isley v. State,
652 So. 2d 409, 411 (Fla. 5th DCA 1995) (“Enough is enough.”). The
Clerk is further directed to forward a certified copy of this opinion
to the appropriate institution for consideration of disciplinary
proceedings. See §
944.279(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 1327969, 2017 Fla. App. LEXIS 4992
...The Clerk is directed not to
accept any filings from Appellant related to that case unless they are signed by a
member in good standing of The Florida Bar. Additionally, Appellant is cautioned
that any future filings in violation of this order may result in the imposition of
additional sanctions. See § 944.279, Fla....