GARY L. WHITE, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-03-03
No. 23-0816
Florida District Court of Appeal, Fifth District (2023)

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Holding

A petition for writ of quo warranto raising the same claims previously raised in a petition for writ of prohibition is denied with prejudice.


Headnotes

[1] A petition for writ of quo warranto raising claims identical to those previously raised in a petition for writ of prohibition may be denied with prejudice as repetitive.

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Facts & Procedural History

Gary L. White, Jr., filed a petition for writ of quo warranto in the District Court of Appeal, Fifth District, relating to several Marion County Circu…

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Opinion of the Court

WALLIS, J.

Gary L. White, Jr., petitions this court for a writ of quo warranto. Because he reiterates the same claims he raised in a prior petition for writ of prohibition, we deny the petition with prejudice and caution him that abusive, repetitive, malicious, or frivolous filings directed to Marion County Circuit Court Case Numbers 2020-CF-5068, 2021-CF-442, 2021-CF-1091, 2020-CF-5069, 2020-CF-5067 may result in sanctions such as a bar on pro se filing in this Court and referral to prison officials for disciplinary proceedings, which may include forfeiture of gain time. See § 944.279(1), Fla. Stat. (2020); Topps v. State, 865 So. 2d 1253 (Fla. 2004); State v. Spencer, 751 So. 2d 47 (Fla. 1999).

PETITION DENIED, WITH PREJUDICE; APPELLANT CAUTIONED. MAKAR and MACIVER, JJ., concur.


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