Gerald Niles v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 15, 2020
Docket1D19-1069
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1069
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GERALD NILES,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Leon County.
Robert E. Long, Judge.
April 15, 2020
PER CURIAM
AFFIRMED. Due to Appellant’s apparent abuse of the legal
process by the repetitive and frivolous pro se filings in this Court,
we issued an order directing Appellant to show cause why he
should not be prohibited from future pro se filings in this Court
related to Leon County Circuit Court case number 1990 CF 2534.
See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Appellant’s
response to the show cause order does not provide a legal basis to
prohibit the imposition of sanctions.
Therefore, because Appellant’s repetitious, frivolous filings
have become an abuse of the legal process, we hold that Appellant
is barred from future pro se filings in this Court related to Leon
County Circuit Court case number 1990 CF 2534. The Clerk of the
Court is directed not to accept any future filings concerning this
case unless they are filed by a member in good standing of The
Florida Bar. This includes any post-disposition motion filed in
response to this opinion. Appellant is warned that any filings that
violate the terms of this opinion may result in a referral to the
appropriate institution for disciplinary procedures as provided in
section 944.279, Florida Statutes (2019). See Fla. R. App. P. 9.410.
We also direct the Clerk of the Court to provide a certified copy
of this opinion to the Florida Department of Corrections to be
forwarded to the appropriate institution or facility for disciplinary
procedures pursuant to the rules of the Department as provided
for by section 944.09, Florida Statutes (2019).
ROBERTS, NORDBY, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Gerald Niles, pro se, Appellant.
Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.
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