Washington, Washington v. Justice, Crist
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket2D2025-2678
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
LaVONNE WASHINGTON and MICHAEL WASHINGTON,
Appellants,
v.
GINA JUSTICE and VICTOR CRIST, solely in his official capacity as
CLERK OF CIRCUIT COURT & COMPTROLLER, HILLSBOROUGH
COUNTY,
Appellees.
No. 2D2025-2678
October 7, 2026
Appeal from the Circuit Court for Hillsborough County; Kemba Damali
Johnson Lewis, Judge.
LaVonne Washington and Michael Washington, pro se.
James Uthmeier, Attorney General, Tallahassee, and Juliana Tirado,
Assistant Attorney General, Tampa, for Appellee Gina Justice.
Kristen M. Fiore of Akerman LLP, Tallahassee; and Jason L. Margolin,
and Keenan Ryan Molaskey of Akerman LLP, Tampa, for Appellee Victor
Crist.
PER CURIAM.
LaVonne and Michael Washington filed a notice of appeal seeking
review of a final order dismissing their complaint entered in lower
tribunal case 24-CA-010301, resulting in this proceeding. The
Washingtons submitted an initial brief citing eleven cases that this court
could not locate. We issued an order that directed them to either provide
copies of the eleven cases or show cause why sanctions should not be
imposed for submitting a brief that relied on fictitious case law.
Considering the Washingtons' numerous meritless filings in this case
and two others related to lower tribunal case 24-CA-010301, our order
specifically named dismissal and an order barring further pro se filings
as possible sanctions.
The Washingtons did not provide copies of the eleven cases named
in our order to show cause. Rather, they describe the citations as
scrivener's errors "resulting from intense logistical pressure." They claim
they were "forced to manually consolidate overlapping fully briefed legal
arguments across three distinct appellate tracks . . . without professional
legal verification software." The Washingtons claim the fake case
citations were the result of the volume and page numbers being
"mangled" during drafting. The Washingtons also insist that their brief
was filed prior to the promulgation of Florida Rule of General Practice
and Judicial Administration 2.515(d)(2)(D), see In re Amends. to Fla. R. of
Gen. Prac. & Jud. Admin. 2.515, 435 So. 3d 5 (Fla. 2026), and that this
court cannot apply that rule retroactively to sanction them.
The Washingtons' response fails to adequately explain the inclusion
of the fabricated case citations. Their response neither confesses nor
denies that the fictitious case citations were the result of using
generative artificial intelligence. See generally Russell v. Mells, 426 So.
3d 913, 918 n.3 (Fla. 2d DCA 2025) (explaining generative artificial
intelligence models and hallucinations). It is likely that the inclusion of
the fake case citations is the result of generative artificial intelligence.
See id. at 919-20 ("None of us can recall an instance when an attorney
2
accidentally submitted a completely fabricated case as a legal authority
to a court of law—not until the recent advent of generative artificial
intelligence."). Regardless, it is not the source of the fictitious cases that
concerns us, but the Washingtons' reliance on them in their brief.
Several courts, including this one, have held that the submission of
fictitious cases is sanctionable. See, e.g., Clerk of Ct. & Comptroller for
13th Jud. Cir., Hillsborough Cnty. v. Rangel, 427 So. 3d 1069, 1071 (Fla.
2d DCA 2025); Gouveia v. Meridian Fin. Invs., LLC, 432 So. 3d 49, 51
(Fla. 4th DCA 2026); Hessert v. Hessert, 431 So. 3d 610, 614 (Fla. 6th
DCA 2026); Takefman v. Pickleball Club, LLC, 418 So. 3d 826, 827 (Fla.
3d DCA 2025); Gutierrez v. Gutierrez, 399 So. 3d 1185, 1188 (Fla. 3d
DCA 2024). Such submissions are sanctionable because they abuse the
adversary system, waste the time of the court, and could harm the
reputation of judges and parties whose names are falsely invoked in
connection with the hallucinated citations. Goya v. Hayashida, 418 So.
3d 652, 655-56 (Fla. 4th DCA 2025). The Washingtons' response fails to
justify or excuse their submission of fake case citations.
And this court need not retroactively apply rule 2.515(d)(2)(D) to
impose sanctions. To specifically address the issue of fictitious case
citations generated by generative artificial intelligence tools, the supreme
court amended rule 2.515(d)(2) to provide that the signer of a filing
certifies the legal authorities identified in the filing "exist and are
accurately cited." In re Amends. to Fla. Rule of Gen. Prac. & Jud. Admin.
2.515, 435 So. 3d at 6. Prior to the amendment, courts applied the
earlier version of rule 2.515(d)(2) and held that pro se parties and
attorneys represented the accuracy of a filing by signing it. See Hessert,
431 So. 3d at 613 ("Florida's appellate courts, like other courts, require
pro se litigants and attorneys to sign their filings and thereby represent
3
the accuracy thereof."); see also Davidson v. Chang-Warner, 51 Fla. L.
Weekly D1311, D1311 (Fla. 6th DCA June 26, 2026) ("[T]he explicit
requirements and sanctions authority of the amendments to rule
2.515(d)(2) merely clarify what already fell within the scope of the pre-
existing requirements of rule 2.515(d)(2)."). Because a citation to a
nonexistent case is not accurate, signing a filing that contains fictitious
citations breaches that representation. Under rule 9.410(a), this court
has the authority to sanction such a breach without reliance on the
amended version of the rule. See Davidson, 51 Fla. L. Weekly at D1311.
("[R]ule 2.515(d)(2) as amended now explicitly authorizes what Florida
Rule of Appellate Procedure 9.410(a) already allowed—namely, for
appellate courts to sanction pro se litigants and attorneys for failing to
follow the requirements of rule 2.515(d)(2).").
In deciding whether sanctions are warranted, we also consider the
Washingtons' history of filing across this case and the other two
proceedings identified in our order to show cause, 2D2025-1883 and
2D2025-2170. Appeal 2D2025-1883 was dismissed as from a nonfinal,
nonappealable order. In case 2D2025-2170, we denied the Washingtons'
meritless petition for writ of quo warranto and all writs. Across all three
cases, the Washingtons raised meritless challenges to this court's fee
orders and filed meritless motions for rehearing. "[A]ny citizen . . .
abuses the right to pro se access [to the courts] by filing repetitious and
frivolous pleadings, thereby diminishing the ability of the courts to
devote their finite resources to the consideration of legitimate claims."
State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).
Based on the Washingtons' reliance on fictious cases, unavailing
response to this court's order, and pattern of frivolous filings, we dismiss
this appeal. See Fla. R. App. P. 9.410(a). Further, we direct the clerk of
4
this court to place in an inactive file any original proceedings or notices
of appeal filed by LaVonne or Michael Washington related to Hillsborough
County Circuit Court case 24-CA-010301 unless the filing is signed by a
member in good standing of The Florida Bar or related to a proceeding
pending at the time this opinion issues.1
Affirmed.
NORTHCUTT, KELLY, and MORRIS, JJ., Concur.
Opinion subject to revision prior to official publication.
1 We note that the Washingtons have other proceedings pending in
this court unrelated to the lower tribunal case at issue in this appeal.
We caution that further frivolous filings or the submission of fictitious
case citations in those cases may result in additional sanctions.
5