John Barth v. Mabry Carlton Ranch, Inc
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 13, 2026
Docket26-11035
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-11035
Non-Argument Calendar
____________________
JOHN S. BARTH,
Plaintiff-Appellant,
versus
MABRY CARLTON RANCH, INC,
LONGINO RANCH INC,
BERRYMAN LONGINO, JR.,
JOHN LONGINO,
THOMAS L. CURRY, et al.,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:26-cv-00383-KKM-TGW
____________________
Before BRANCH, LUCK, and LAGOA, Circuit Judges.
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2 Opinion of the Court 26-11035
PER CURIAM:
John Barth appeals from the district court’s dismissal of his
civil complaint without prejudice as an impermissible shotgun
pleading. 1 On appeal, Barth generally argues the merits of his
underlying lawsuit, alleges various conspiracies, collusion, and
fraud, and takes issue with decisions from the D.C. Circuit in
related actions and with the United States District Court for the
District of Columbia’s decision to transfer the underlying action to
the Middle District of Florida. 2 However, because Barth
abandoned any challenge to the district court’s shotgun pleading
determination by failing to raise the issue in his brief, we affirm.
“Pro se pleadings are held to a less stringent standard than
pleadings drafted by attorneys and will, therefore, be liberally
construed.” Hughes v. Lott, 350 F.3d 1157, 1160 (11th Cir. 2003)
(quotations omitted). Nevertheless, “[w]hile we read briefs filed by
pro se litigants liberally, issues not briefed on appeal by a pro se
litigant are deemed abandoned.” Timson v. Sampson, 518 F.3d 870,
874 (11th Cir. 2008) (citations omitted); see also Campbell v. Air Jam.,
1 The district court explained the deficiencies in the complaint and gave Barth
the opportunity to file an amended complaint, but Barth did not file an
amended complaint.
2 Barth initially filed the underlying complaint in the United States District
Court for the District of Columbia. The D.C. district court concluded that
venue was not proper in that district because almost all the defendants resided
in Florida and all of the allegations concerned activities in the Middle District
of Florida. Accordingly, the D.C. district court transferred the case to the
Middle District of Florida.
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26-11035 Opinion of the Court 3
Ltd., 760 F.3d 1165, 1168–69 (11th Cir. 2014) (explaining that,
although we liberally construe pro se pleadings, the Court will not
“serve as de facto counsel for a party” or “rewrite an otherwise
deficient pleading in order to sustain an action” (quotations
omitted)). And “[w]hen an appellant fails to challenge properly on
appeal one of the grounds on which the district court based its
judgment, he is deemed to have abandoned any challenge of that
ground, and it follows that the judgment is due to be affirmed.”
Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir.
2014) (quotation omitted).
By failing to challenge the district court’s determination that
the complaint was an impermissible shotgun pleading, Barth
abandoned the issue, and we affirm.3 Id.
AFFIRMED.
3 Even if not abandoned, the district court did not abuse its discretion in
dismissing the complaint without prejudice as a shotgun pleading and
directing Barth to file an amended complaint. The 74-page complaint was a
shotgun pleading because it contained conclusory and vague facts that were
not obviously connected to a particular count or defendant and attempted to
improperly incorporate 239 pages of appendices. Weiland v. Palm Beach Cnty.
Sheriff’s Office, 792 F.3d 1313, 1321–23 (11th Cir. 2015) (describing the four
main types of shotgun pleadings). The complaint also improperly listed,
within a single paragraph, numerous causes of action in violation of Rules 8
and 10. See Fed. R. Civ. P. 8(a)(2); Fed. R. Civ. P. 10(b). Therefore, the district
court properly dismissed the complaint without prejudice, identified the
deficiencies and explained how to correct them, and provided Barth with an
opportunity to amend. See Jackson v. Bank of Am., 898 F.3d 1348, 1357–58 (11th
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Cir. 2018) (explaining that, when faced with a shotgun pleading, “the district
court should strike the pleading and instruct [the party] to replead the case”
(alteration adopted) (quotations omitted)).