Lance Lavallee v. Andre McIntosh
CourtDistrict Court of Appeal of Florida
Date FiledAugust 14, 2026
Docket3D2026-1542
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 14, 2026.
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No. 3D26-1542
Lower Tribunal No. 26-53867-CC-20
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Lance Lavallee, et al.,
Appellants,
vs.
Andre McIntosh, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Lizzet
Martinez, Judge.
Lance Lavallee, in proper person.
Kelley & Grant, P.A., and J. Conrad Grant (Boca Raton), for appellees.
Before SCALES, C.J., and FERNANDEZ and BOKOR, JJ.
PER CURIAM.
On July 17, 2026, the Appellant, Lance Lavallee, filed a notice of
appeal of a Default Final Judgment of Possession entered by the trial court
on July 16, 2026. From that date until this writing, Lavallee has filed more
than sixty (60) filings, including approximately thirty (30) motions, most
requesting a stay of the writ of possession or a stay of enforcement of the
writ of possession. Each motion has been denied, and despite each denial,
Lavallee continued to file virtually identical motions seeking the same relief.
On August 3, 2026, Lavallee was warned that continued filing of
successive and frivolous motions may lead to sanctions, including a
prohibition from filing further pro se pleadings and a requirement that he
appear through counsel admitted to the practice of law in Florida. Despite
the warning, Lavallee continued filing repetitive, frivolous motions that had
already been denied.
On August 12, 2026, Lavallee was ordered to show cause as to why
he should not be prohibited from proceeding in this appeal pro se and instead
be required to appear through an attorney licensed to practice law in Florida.
He filed his response on the same day, repeating the claims that he
previously made as to the motions previously denied. Upon review of
Lavallee’s response, we conclude that Lavallee has failed to show good
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cause as to why he should not be prohibited from continuing to represent
himself in this appeal.
Exercising this Court’s inherent authority to determine whether a pro
se litigant is abusing the judicial process, we now prohibit Lavallee from filing
any further pro se motions, pleadings, petitions, notices, or any filings
whatsoever in this appeal, and require that any such filings be made by an
attorney licensed to practice law in Florida. See Jimenez v. State, 196 So.
3d 499, 501 (Fla. 3d DCA 2016); see also Brown v. Miami-Dade Cnty., 319
So. 3d 81, 84 (Fla. 3d DCA 2021) (affirming the county court’s determination
of an appellant's vexatious litigant status where the county’s motion properly
set forth “five or more civil actions’ which had been ‘commenced, prosecuted
or maintained pro se’ by [the appellant] ‘over the immediately preceding 5-
year period.” (citation modified)). (quoting § 68.093(2)(d)1., Fla. Stat.
(2019))); Hasanati v. State, 117 So. 3d 1157, 1158 n.1 (Fla. 3d DCA 2013)
(finding that the appellant “abused the judicial process through his repeated
and meritless pro se appeals and petitions” when he filed “[i]n less than three
years . . . a total of seventeen separate pro se appeals or petitions,”
warranting a ban on further pro se filings).
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We direct the Clerk of the Third District Court of Appeal to refuse to
accept any such papers unless they have been reviewed and signed by an
attorney who is a duly licensed member of The Florida Bar in good standing.
This order shall take effect immediately. No motions for rehearing shall
be entertained.
So ordered.
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