SOLOMON ROBERTS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2014-01-29
No. 3D13-1438
Before SHEPHERD, C.J., and WELLS and EMAS, JJ.
156 So. 3d 2 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 1 case

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Synopsis

Solomon Roberts appealed an order denying his motion to withdraw pleas entered over thirty years prior. The Florida Third District Court of Appeal affirmed the lower court's order and issued an order to show cause regarding Roberts's pattern of filing numerous pro se appeals, warning that continued frivolous filings could result in loss of pro se rights and sanctions.


Holding

The court declined to treat the appeal as a habeas corpus petition and affirmed the lower court's order denying the motion to withdraw pleas. The court issued an order to show cause why Roberts should not be prohibited from filing further pro se appeals relating to his convictions, and warned that continued unauthorized pro se filings would result in sanctions including referral to the Florida Department of Corrections for potential disciplinary action.


Headnotes

[1] A court may prohibit a pro se litigant from filing further pleadings if the litigant has abused the judicial process by repeatedly filing meritless, frivolous, or success…

[2] The right of access to the courts is not absolute and may be forfeited by a party who abuses the judicial process.

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Key Quotes

“Roberts has engaged in the filing of meritless, frivolous and successive claims requiring this Court to expend precious and finite judicial resources which could otherwise be devoted to cases raising legitimate claims.”

Establishes the court's finding of abuse of process through frivolous filings

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Facts & Procedural History

Roberts filed at least fourteen separate pro se appeals or original proceedings related to three circuit court case numbers (82-8169; 82-9856; and 82-…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Solomon Roberts, appeals from an order denying his pro se motion to withdraw pleas entered more than thirty years ago and requests that this Court treat this appeal as a petition for writ of habeas corpus to correct a manifest injustice. We decline the request to treat the appeal as a petition for writ of habeas corpus and affirm the lower court’s order without further discussion.

ORDER TO SHOW CAUSE

Further, we note that Roberts has filed at least fourteen separate pro se appeals or original proceedings with this Court related to the lower court case numbers 82-8169; 82-9856; and 82-15413.1 With one exception,2 this Court has affirmed the lower court or otherwise denied Roberts relief on appeal. Roberts has engaged in the filing of meritless, frivolous and successive claims requiring this Court to expend precious and finite judicial resources which could otherwise be devoted to cases raising legitimate claims. Hedrick v. State, 6 So.3d 688, 691 (Fla. 4th DCA 2009) *4(noting, “[a] legitimate claim that may-merit relief is more likely to be overlooked if buried within a forest of frivolous claims.”).

While pro se parties must be afforded a genuine and adequate opportunity to exercise their constitutional right of access to the courts, that right is not unfettered. The right to proceed pro se may be forfeited where it is determined, after proper notice and an opportunity to be heard, that the party has abused the judicial process by the continued filing of successive or meritless collateral claims in a criminal proceeding. State v. Spencer, 751 So.2d 47 (Fla.1999). As our sister court aptly described it, there comes a point when “enough is enough.” Isley v. State, 652 So.2d 409, 410 (Fla. 5th DCA 1995). Although termination of the right to proceed pro se will undoubtedly impose a burden on a litigant who may be unable to afford counsel, courts must strike a balance between the pro se litigant’s right to participate in the judicial process and the courts’ authority to protect the judicial process from abuse.

Therefore, Appellant Solomon Roberts is hereby directed to show cause, within thirty days from the date of this opinion, why he should not be prohibited from filing any further pro se appeals, pleadings, motions, or petitions relating to his convictions, judgments and sentences in circuit court case numbers 82-8169; 82-9856; and 82-15413. Absent a showing of good cause, we intend to direct the Clerk of the Third District Court of Appeal to refuse to accept any such papers relating to these circuit court case numbers unless they have been reviewed and signed by an attorney who is a duly licensed member of The Florida Bar in good standing.

Additionally, and absent a showing of good cause, any such further and unauthorized pro se filings 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. Stat. (2012).


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