ISRAEL OTERO AND PURA RODRIGUEZ
v.
BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET BACKED CERTIFICATES SERIES 2004-SD2

Fla. 5th DCA | 2019-01-22
No. 18-2103
Leblanc, J., Orfinger, J., Cohen, J., Wallis, J.
262 So. 3d 748 Florida District Court of Appeal, Fifth District (2019)

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.


Holding

Appellants are prohibited from filing any further pro se filings concerning the referenced case, and the Clerk is directed to reject such filings unless filed by a Florida Bar member.


Headnotes

[1] A court may prohibit a pro se litigant from filing further pleadings when the litigant engages in repetitive, malicious, or frivolous filings that constitute an abuse of…

Previewing 1 of 1 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

Key Quotes

“Enough is enough.”

Court's citation to Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) in support of the sanction.

Facts & Procedural History

Appellants Israel Otero and Pura Rodriguez filed repetitive pro se filings attacking a judgment in Orange County Circuit Court Case Number 2014-CA-183…

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.


Per_curiam
Per Curiam

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

ISRAEL OTERO AND PURA RODRIGUEZ,

Appellants,

v. Case No. 5D18-2103

BANK OF NEW YORK MELLON F/K/A

THE BANK OF NEW YORK, AS TRUSTEE

FOR THE BENEFIT OF THE CERTIFICATE

HOLDERS OF THE CWABS INC., ASSET

BACKED CERTIFICATES SERIES 2004-SD2,

Appellee.

________________________________/

Opinion filed March 8, 2019

Nonfinal Appeal from the Circuit Court for Orange County, Bob Leblanc, Judge.

Israel Otero and Pura Rodriguez, Orlando, pro se.

Jason F. Joseph, of Tromberg Law Group, P.A., Boca Raton, for Appellee.

PER CURIAM.

Due to Appellants’ apparent abuse of the legal process by their repetitive, malicious, or frivolous pro se filings attacking the judgment in Orange County Circuit Court Case Number 2014-CA-1836, this Court issued an order directing Appellants to show cause why they should not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Having carefully considered the response and finding it

2

fails to show cause why sanctions should not be imposed, we conclude that they are abusing the judicial process and should be barred from further pro se filings.

Therefore, in order to conserve judicial resources, Appellants are prohibited from filing with this Court any further pro se filings concerning the above referenced case. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. Any future filings regarding the referenced case will be summarily rejected by the Clerk, unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough.").

FUTURE PRO SE FILINGS PROHIBITED.

ORFINGER, COHEN and WALLIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw