Larry Barber v. Department of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledMarch 2, 2020
Docket1D19-4534
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-4534
_____________________________
LARRY BARBER,
Petitioner,
v.
DEPARTMENT OF CORRECTIONS,
Respondent.
_____________________________
Petition for Writ of Certiorari—Original Jurisdiction.
March 2, 2020
PER CURIAM.
The petition for writ of certiorari is dismissed for lack of
jurisdiction. See Mobley v. McNeil, 989 So. 2d 1215 (Fla. 1st DCA
2008) (finding that, where a motion to vacate a lien was filed long
after the proceeding during which the lien was imposed had been
resolved, the order denying the motion was in the nature of a
denial of an untimely motion for rehearing and was not
reviewable).
The Court notes that Petitioner unsuccessfully sought review
of a similar order in case 1D18-4256. Petitioner is warned that
any future filings that this Court determines to be frivolous may
result in the imposition of sanctions, including a prohibition
against any further pro se filings in this Court and a referral to the
appropriate institution for disciplinary procedures as provided in
section 944.279, Florida Statutes (2019) (providing that a prisoner
who is found by a court to have brought a frivolous or malicious
suit, action, claim, proceeding, or appeal is subject to disciplinary
procedures pursuant to the rules of the Department of
Corrections).
WOLF, KELSEY, and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Larry Barber, pro se, Petitioner.
Kenneth S. Steely, General Counsel, and Taylor R. Anderson,
Assistant General Counsel, Department of Corrections,
Tallahassee, for Respondent.
2