DONALD A. WILLIAMS O/B/O CEDRIC WARREN
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-05-19
No. 23-1172
Florida District Court of Appeal, Fifth District (2023)

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Holding

A party subject to a previous Spencer ban is prohibited from circumventing the ban by filing through a non-attorney on his behalf.


Headnotes

[1] A party subject to a Spencer ban restricting filing to pleadings signed by a member of the Florida Bar cannot circumvent that ban by filing through a non-attorney represe…

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Key Quotes

“Enough is enough.”

The court cited this phrase from Isley v. State when imposing enhanced sanctions and directing the clerk to summarily reject future filings.

Facts & Procedural History

Cedric Warren had been previously Spencer banned in the underlying Volusia County Circuit Court case due to repeatedly filing frivolous pleadings. War…

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Opinion of the Court

PER CURIAM. The petition is dismissed with prejudice. See Durocher v. Singletary, 623 So. 2d 482 (Fla. 1993); Pancoast v. Crews, 128 So. 3d 815 (Fla. 1st DCA 2013).

In accordance with State v. Spencer, 751 So. 2d 47 (Fla.1999), Cedric Warren is hereby barred from filing any pleading or permitting anybody to file any pleading on his behalf in this Court in any action, case, or matter, unless signed by a member of the Florida Bar. Mr. Warren has repeatedly filed frivolous pleadings and has been Spencer banned previously in the underlying Volusia County Circuit Court Case No. 2001-34902-CFAES. By permitting Donald A. Williams, who is not a member of the Florida Bar, to file on his behalf, Mr. Warren has violated this Court’s previous Spencer ban order. The Clerk of this Court is directed not to accept any filings from or on behalf of Cedric Warren except those signed and filed by a member of the Florida Bar. 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.”).

It is further ordered that the Clerk of our Court forward a copy of this opinion to the Department of Corrections for appropriate action. PETITION DISMISSED WITH PREJUDICE; PETITIONER SANCTIONED.

EDWARDS, HARRIS and SOUD, JJ., concur.


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