KEVIN M. OWENS
v.
MIKE FORTE, VILLAGE INVESTMENT, INC., AND CYPRESS PARK GARDEN HOMES CONDOMINIUM ASSOCIATION

Fla. 5th DCA | 2020-12-31
No. 20-1782
Cohen, Jay P., Associate Judge, Harris, John M., Associate Judge, Traver, Dan, Associate Judge, Rice, Elizabeth, Judge
Florida District Court of Appeal, Fifth District (2020)

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Holding

A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking a judgment may be prohibited from future pro se filings in the appellate court to conserve judicial resources.


Headnotes

[1] A pro se litigant engaged in abusive, repetitive, malicious, or frivolous filings attacking a judgment may be prohibited from filing further pro se pleadings in the appel…

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Key Quotes

“Enough is enough.”

Citation to Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995), expressing the court's determination that continued pro se filings by the litigant would not be tolerated.

Facts & Procedural History

Kevin M. Owens, proceeding pro se, filed multiple pleadings attacking a judgment entered in Hillsborough County Circuit Court Case Number 2004-CA-6169…

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL

OF THE STATE OF FLORIDA,

SECOND DISTRICT

KEVIN M. OWENS,

Petitioner,

v. Case No. 2D19-4271

MIKE FORTE, VILLAGE INVESTMENT, INC.,

AND CYPRESS PARK GARDEN HOMES

CONDOMINIUM ASSOCIATION,

Respondents.

________________________________/

Opinion filed December 31, 2020

Appeal from the Circuit Court for Hillsborough County, Elizabeth Rice, Judge.

Kevin M. Owens, Tampa, pro se.

Scot E. Samis, of Traub Lieberman Straus & Shrewsberry LLP, St. Petersburg, for Respondent, Cypress Park Garden Homes I. No Appearance for other Respondents.

COHEN, JAY P., Associate Judge.

Due to Petitioner’s apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking the judgment entered in Hillsborough County Circuit Court Case Number 2004-CA-6169, this Court issued an order directing Petitioner to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Having carefully considered the

2 response and finding it fails to show cause why sanctions should not be imposed, we conclude that Petitioner is abusing the judicial process and should be barred from further pro se filings. In order to conserve judicial resources, Petitioner is prohibited from filing with this Court any further pro se filings concerning Hillsborough Circuit Court Case Number 2004- CA-6169. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. The Clerk will summarily reject any future filings regarding the referenced case 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.”); see also, Baruchel v. Dalton, 268 So. 3d 280 (Fla. 5th DCA 2019) (prohibiting further pro se pleadings due to appellant’s abuse of judicial process). Further Pro Se Filings PROHIBITED.

HARRIS, JOHN M. and TRAVER, DAN, Associate Judges, concur.


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