LARRY R. WETZEL
v.
THE TRAVELERS COMPANIES, INC.

Fla. | 2019-04-04
No. SC18-2109
267 So. 3d 978 Florida Supreme Court (2019) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court denied a pro se petitioner's request for a writ of mandamus and imposed sanctions, prohibiting him from filing further pro se documents related to specific lower court cases due to his history of frivolous filings. This decision highlights the court's power to sanction litigants who abuse the judicial process.


Holding

The court held that sanctions should be imposed against Wetzel. He failed to show cause why he should not be prohibited from filing any further pro se documents related to the specified circuit court cases.


Headnotes

[1] A court may sanction a party for abusing the judicial process and burdening judicial resources through persistent filing of frivolous or meritless pro se petitions.

[2] A court may order the clerk to reject future pro se filings related to specific circuit court cases unless signed by a licensed attorney.

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Key Quotes

“Based on his persistent history of filing pro se petitions that were frivolous, meritless, or otherwise inappropriate for this Court’s review, Wetzel has abused the judicial process and burdened this Court’s limited judicial resources.”

This quote explains the court's reasoning for imposing sanctions against the petitioner.

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Facts & Procedural History

Larry R. Wetzel, the defendant in two civil fraud cases where summary judgments were granted against him, repeatedly filed petitions with the Florida …

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Opinion of the Court

PER CURIAM.

This case is before the Court on the petition of Larry R. Wetzel for a writ of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated January 24, 2019, we denied Wetzel’s petition pursuant to Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). See Wetzel v. Travelers Companies, Inc., No. SC18-2109, 2019 WL 757936 (Fla. Jan. 24, 2019). Concurrent with the denial of the petition, we expressly retained jurisdiction to pursue possible sanctions against Wetzel. Id.; see Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion).

Wetzel was the defendant in two civil actions for fraud, injunctive relief, and damages brought by The Travelers Companies, Inc., in the First Judicial Circuit

- 2 - (Santa Rosa County case number 572013CA000693CAAXMX and Escambia County case number 172013CA001457XXXXXX). Motions for summary judgment against Wetzel were granted in each case. See Travelers Companies Inc. v. Wetzel, No. 572013CA000693CAAXMX (Fla. 1st Cir. Ct. Dec. 15, 2014); Travelers Companies Inc. v. Wetzel, No. 172013CA001457XXXXXX (Fla. 1st Cir. Ct. Apr. 20, 2015).

Wetzel began filing petitions with the Court in 2015. Since that time, he has filed six petitions or notices seeking relief related to the above-noted civil cases. See Wetzel v. Travelers Companies, Inc., No. SC18-2109, 2019 WL 757936 (Fla. Jan. 24, 2019). All six cases have been either denied, dismissed, or transferred. In each case, Wetzel has filed a litany of indecipherable and misleading documents with this Court. This case was no exception. Wetzel filed more than one hundred pleadings that were rambling, repetitive, and irrelevant. Based on Wetzel’s filing history in this Court, we issued an order directing him to show cause why he should not be prohibited from filing any further pro se documents in this Court related to circuit court cases number 572013CA000693CAAXMX and number 172013CA001457XXXXXX.

Wetzel filed a response to the order to show cause in which he asserts that the order is null and void because the Court lacks subject matter jurisdiction over his cases and has acted in a manner that is inconsistent with due process of law.

- 3 - Upon due consideration of Wetzel’s response, we conclude that Wetzel has failed to show cause why sanctions should not be imposed. Based on his persistent history of filing pro se petitions that were frivolous, meritless, or otherwise inappropriate for this Court’s review, Wetzel has abused the judicial process and burdened this Court’s limited judicial resources.

Accordingly, the Clerk of this Court is hereby instructed to reject any future pleadings, petitions, motions, documents, or other filings submitted by Larry R. Wetzel that are related to cases number 572013CA000693CAAXMX and number 172013CA001457XXXXXX, unless such filings are signed by a member in good standing of The Florida Bar. Counsel may file on Wetzel’s behalf if counsel detemines that the proceeding may have merit and can be brought in good faith.

No motion for rehearing or clarification will be entertained by the Court.

It is so ordered. CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur. Original Proceeding – Mandamus

Larry R. Wetzel, pro se, Navarre, Florida,

for Petitioner

No appearance for Respondent


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Citator

Cited By

  • Wetzel v. The Travelers Cos., Inc., 267 So. 3d 978 (Fla. 2019)
    …mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. By order dated January 24, 2019, we denied Wetzel’s petition pursuant to Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). See Wetzel v. Travelers Companies, Inc., No. SC18-2109, 2019 WL 757936 (Fla. Jan. 24, 2019). Concurrent with the denial of the petition, we expressly retained jurisdiction to pursue possible sanctions against Wetzel. Id.; see Fla. R. App. P. 9.410(a) (Sanctions; Court’s Motion). Wetzel was the defendant in two civil…
    1 / 2
  • Jackson v. State, 273 So. 3d 934 (Fla. 2019)

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