Ava Electris Cannie A/K/A Eva Helene Cannie v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 13, 2020
Docket1D20-0465
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-0465
_____________________________
AVA ELECTRIS CANNIE a/k/a Eva
Helene Cannie,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
May 13, 2020
PER CURIAM.
This case was a pro-se petition for writ of prohibition, which
we found meritless. Our records reflect that Petitioner has filed
approximately three dozen different pro-se cases with this Court
since 2015, using several variations and combinations of her first
and middle names: Ava, Eva, Ava/Eva, or Eve; followed by Electra,
Electris, E., Helen, Helene, H., or two of those combined. As to both
civil matters and postconviction appeals and petitions, Petitioner’s
filings are characterized by rambling, disorganized, off-topic, and
repetitive arguments, including attacks and threats of action
against judges, public officials, governmental bodies, and litigation
opponents. She often files voluminous appendices, ill-organized,
including matters outside the record and irrelevant. The dockets
in her cases become crowded with her repetitive, unnecessary, and
meritless filings. The present petition was no more meritorious
than her earlier filings.
We therefore ordered Petitioner, pursuant to State v. Spencer,
751 So. 2d 47 (Fla. 1999), to show cause why she should not be
barred from further pro-se filings in this Court. We have
considered her response, which bore the same characteristics as
her typical filings, and which we find failed to show cause why this
Court should not prohibit her from making any pro-se filings in
this Court. Based on her persistent history of filing pro-se petitions
that are frivolous, meritless, or otherwise inappropriate, Petitioner
has abused the judicial process and burdened this Court’s limited
judicial resources.
It is this Court’s responsibility “to see that these [judicial]
resources are allocated in a way that promotes the interests of
justice.” May v. Barthet, 934 So. 2d 1184, 1187 (Fla. 2006) (quoting
In re McDonald, 489 U.S. 180, 184 (1989)). This Court is imbued
with the inherent power to sanction litigants that abuse the legal
system. See id.
Exercising that power, we find Petitioner’s repeated filings a
hindrance to this Court’s ability to devote its resources to the
timely consideration of genuine disputes and legitimate, colorable
claims. See Pettway v. McNeil, 987 So. 2d 20, 22–23 (Fla. 2008); see
also Ferris v. State, 100 So. 3d 142, 144–45 (Fla. 1st DCA 2012)
(Wetherell, J., concurring) (explaining Appellant’s filings, like all
papers filed in this Court, require the Court to expend scarce
judicial resources).
Therefore, we prohibit Petitioner from filing, and instruct the
Clerk of this Court to reject, any future pro-se pleadings, petitions,
motions, documents, papers, and any other pro-se filings by
Petitioner in this Court, under this case number or any other. This
prohibition includes any response or motion directed to this
opinion and bar order. Any future filings in this Court on behalf of
Petitioner must be signed by a member in good standing of The
Florida Bar. Counsel may file on Petitioner’s behalf if counsel
determines that the proceeding may have merit and can be
brought in good faith. Any violation of this prohibition may subject
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Petitioner to contempt proceedings or other appropriate sanctions,
or both.
Petitioner stands BARRED.
ROWE, MAKAR, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Ava Electris Cannie, pro se, Petitioner.
Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau
Chief, Tallahassee, for Respondent.
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