DARRYL MAURICE YOUNG
v.
SHELLEY B. CRIDLIN
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.
Darryl Maurice Young, an incarcerated pro se litigant, appealed the trial court's dismissal of his case with prejudice. The appellate court affirmed the dismissal and, noting that Young had filed approximately 29 frivolous actions, ordered him to show cause why the court should not refuse to accept his future pro se filings indefinitely.
The trial court's Order Dismissing the case with prejudice is affirmed. Young is ordered to file a written response within 15 days showing good cause why the court should not refuse to accept his pro se filings in perpetuity.
[1] An appellate court may adopt a party's brief as its own opinion.
[2] A court may take judicial notice of a party's history of filing numerous frivolous lawsuits.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Court adopts Appellee's Answer Brief as the opinion of the Court.”
Indicates the court's reasoning and opinion are based on the appellee's brief; a standard formula in appellate decisions.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Darryl Maurice Young is a state prisoner who filed a case in the trial court. The trial court entered an Order Dismissing the case with prej…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Frivolous Filings cases and more on FLexlaw
Before POWELL, THORPE, WHITEHEAD, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING TRIAL COURT
Appellant Darryl Maurice Young, a state prisoner, appeals the trial court’s Order Dismissing Case With Prejudice, entered on January 14, 2010. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(c)(1)(A). The Court dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. After reviewing the parties’ briefs, the appellate record, and applicable legal authorities, the Court hereby finds as follows: The Court adopts Appellee’s Answer Brief as the opinion of the Court. A copy of the Answer Brief is incorporated by reference herein and attached hereto. Based on the foregoing, it is hereby ORDERED AND ADJUDGED that the trial court’s Order Dismissing Case With Prejudice, entered on January 14, 2010, is AFFIRMED. Further, the Court takes judicial notice of Appellant’s affidavit attached to the Reply Brief averring that he has filed some twenty-nine (29) actions in federal and state courts in Florida. The Court has reviewed ten of those cases and hereby finds that those cases, like the instant case, are without merit and appear to be frivolous and not filed in good faith. Therefore, it is hereby ORDERED AND ADJUDGED that Appellant shall, within fifteen (15) days of the date of this Order, file a written response to this Order showing good cause therein why this Court should not refuse to accept Appellant’s pro se filings in perpetuity. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); McCutcheon v. State, 44 So. 3d 156 (Fla. 4th DCA 2010). DONE and ORDERED at Orlando, Florida this ___12__day ______November_______,
2010.
/s/
ROM W. POWELL Senior Circuit Judge
/s/
/s/
JANET C. THORPE
REGINALD WHITEHEAD Circuit Judge
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this 12 day of November , 2010, to the following: Darryl Maurice Young, DC# X04261, Lake Correctional Institute, 19225 U.S. Highway 27, Clermont, Florida 34715-9025 and Shelley B. Cridlin, Assistant Attorney General, 501 East Kennedy Blvd, Suite 1100, Tampa, Florida 33602.
/s/
Judicial Assistant
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Spencer, 751 So. 2d 47 (Fla. 1999)
- McCUTCHEON v. State, 44 So. 3d 156 (Fla. 4th DCA 2010)