RICHARD LUSSY
v.
DEPARTMENT OF LEGAL AFFAIRS ETC.
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Richard Lussy appealed a trial court order dismissing his counterclaims and declaring him a vexatious litigant, resulting in the rejection of his future pro se pleadings. This was his second appeal of the same order. The appellate court affirmed, finding no preserved reversible error and placing the burden on Lussy to demonstrate error.
The appellate court affirmed the trial court's order and final summary judgment, finding no preserved reversible error. Appellant failed to meet his burden of demonstrating how the trial court reversibly erred.
[1] A litigant bears the burden of demonstrating how a trial court reversibly erred.
[2] A party appealing an order dismissing counterclaims and declaring them a vexatious litigant must demonstrate preserved reversible error.
Previewing 2 of 5 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“The burden to show how the trial court reversibly erred "remains 'squarely upon the litigant, whether represented by counsel or not.'"”
Establishes the standard that Appellant must demonstrate reversible error, and the court found he failed to do so.
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Join FLexlaw to unlock all legal intelligenceThe trial court entered an order in Leon County Case No. 2020 CC 001165 dismissing Appellant's counterclaims and declaring him a vexatious litigant, i…
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April 3, 2024 PER CURIAM.
Appellant challenges the trial court’s order dismissing his counterclaims and, based on a separate order declaring him a vexatious litigant, instructing the Leon County Clerk of Court to reject future pro se pleadings filed by Appellant. This is Appellant’s second appeal of the same order entered in Case No. 2020 CC 001165 (Leon County.).∗ The first appeal of this order
∗ This court’s records reveal these two appeals are the only appeals filed by Appellant in this court. Appellant has been sanctioned in other appellate jurisdictions for abuse of the judicial process. Lussy v. Fourth Dist. Ct. of Appeal, 828 So. 2d 1026 (Fla.
was dismissed without an opinion. Lussy v. Dep’t of Legal Affs., 356 So. 3d 784 (Fla. 1st DCA 2023) (Case No. 1D22-4070).
Appellant demonstrates no preserved reversible error in the trial court’s order or in the final summary judgment entered for the Department. The burden to show how the trial court reversibly erred “remains ‘squarely upon the litigant, whether represented by counsel or not.’” Figueroa v. Kossiver, 336 So. 3d 1260, 1262 (Fla. 5th DCA 2022) (quoting Steele v. Fla. Unemployment Appeals Comm’n, 596 So. 2d 1190, 1192 (Fla. 1st DCA 1992)). The trial court’s order and final summary judgment are therefore
AFFIRMED.
BILBREY, WINOKUR, and TANENBAUM, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Lussy v. Dep't of Legal Affairs, 356 So. 3d 784 (Fla. 1st DCA 2024)…ppellant in this court. Appellant has been sanctioned in other appellate jurisdictions for abuse of the judicial process. Lussy v. Fourth Dist. Ct. of Appeal, 828 So. 2d 1026 (Fla. was dismissed without an opinion. Lussy v. Dep’t of Legal Affs., 356 So. 3d 784 (Fla. 1st DCA 2023) (Case No. 1D22-4070). Appellant demonstrates no preserved reversible error in the trial court’s order or in the final summary judgment entered for the Department. The burden to show how the trial court reversibly erred “remains…
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Alli v. Sanchez (Fla. 4th DCA 2025)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lussy v. Fourth Dist. Court OF Appeal, 828 So. 2d 1026 (Fla. 2002)
- Steele v. Fla. Unemployment Appeals Comm'n, 596 So. 2d 1190 (Fla. 1st DCA 1992)
- Lussy v. Dep't of Legal Affairs, 356 So. 3d 784 (Fla. 1st DCA 2024)
- Lussy v. Damsel, 890 So. 2d 1184 (Fla. 4th DCA 2004)