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

Fla. 5th DCA | 2023-03-31
No. 23-0932
Florida District Court of Appeal, Fifth District (2023)

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Holding

A petition for writ of quo warranto that merely reiterates claims from a prior petition for writ of prohibition must be denied with prejudice.


Headnotes

[1] Repetitive filing of substantially similar petitions for extraordinary writ relief constitutes grounds for denial with prejudice and may subject a pro se litigant to sanc…

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Facts & Procedural History

Gary L. White, Jr., a pro se litigant, filed a petition for writ of quo warranto. He had previously filed a writ of prohibition petition raising the s…

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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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