Wilmario Trueblood v. Second Judicial Circuit Court, Leon County, Florida, and State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 13, 2021
Docket1D20-2721
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2721
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WILMARIO TRUEBLOOD,
Petitioner,
v.
SECOND JUDICIAL CIRCUIT
COURT, LEON COUNTY, FLORIDA,
and STATE OF FLORIDA,
Respondents.
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Petition for Writ of Certiorari—Original Jurisdiction.
July 13, 2021
PER CURIAM.
Petitioner seeks certiorari relief for the trial court’s dismissal
of his Motion for Expressed and Distinct Demand for Performance
Before Mandamus. We dismiss his petition. See All About Cruises,
Inc. v. Cruise Options, Inc., 889 So. 2d 905, 906 (Fla. 4th DCA 2004)
(“[T]his court generally will not exercise its certiorari review where
the objection is that the requested production is vague, overbroad,
and irrelevant.”); cf. Brown v. Vocelle, 630 So. 2d 1257, 1258 (Fla.
4th DCA 1994) (“A record need not be provided merely to allow a
prisoner to comb through it with the hope of discovering some flaw.
Until the trial court has before it a motion attacking the judgment
or sentence to which transcripts may be relevant, the trial court
has no duty to rule on the premature motion, and mandamus will
not be granted if its issuance would prove unavailing.”).
Additionally, this Court’s records reflect that, in addition to
this case, Petitioner has filed at least seven prior postconviction
petitions and appeals in this Court related to Leon County Circuit
Court case numbers 2013-CF-0916 and 2013-CF-0915: 1D20-1318,
1D20-1050, 1D19-3560, 1D17-4307/4308, 1D14-2477/2478, 1D20-
3205, 1D20-2600. These cases reveal a history of filing frivolous
postconviction motions and petitions.
The courts have a responsibility to ensure every citizen’s right
of access to the courts. See Peterson v. State, 817 So. 2d 838, 840
(Fla. 2002); In re McDonald, 489 U.S. 180, 184 (1989). Because
frivolous motions and petitions use limited judicial resources,
placing an unnecessary burden on the courts and the public, a bar
on pro se filing is sometimes required for the “protection of the
rights of others to have the Court conduct timely reviews of their
legitimate filings.” Pettway v. McNeil, 987 So. 2d 20, 22 (Fla. 2008);
see also Peterson, 817 So. 2d at 840 (“This Court has a
responsibility to ensure every citizen’s right of access to the courts
. . . A limitation on [the petitioner’s] ability to file would further
the constitutional right to access for other litigants because it
would permit this Court to devote its finite resources to the
consideration of legitimate claims filed by others.”).
Accordingly, pursuant to State v. Spencer, 751 So. 2d 47 (Fla.
1999), Petitioner shall show cause within 20 days of the date of
this opinion why he should not be barred from filing further pro se
filings in this Court. Petitioner is advised that the failure to comply
with the terms of this opinion within the time allowed may result
in the imposition of sanctions without further opportunity to be
heard. See Fla. R. App. P. 9.410.
DISMISSED.
ROBERTS, MAKAR, and KELSEY, JJ., concur.
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_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Wilmario Trueblood, pro se, Petitioner.
Ashley Moody, Attorney General, and Robert Quentin Humphrey,
Assistant Attorney General, Tallahassee, for Respondents.
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