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Smith v. State

Florida Court of Appeals, Fifth District
Aug 27, 2021
324 So. 3d 71 (Fla. Dist. Ct. App. 2021)

Opinion

Case No. 5D20-2557

08-27-2021

Keith D. SMITH, Appellant, v. STATE of Florida, Appellee.

Keith D. Smith, Lowell, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.


Keith D. Smith, Lowell, pro se.

Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Due to Appellant's apparent abuse of the legal process by his abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence in Volusia County Circuit Court Case No. 2020-10741-CIDL, this Court issued an order directing Appellant to show cause why he should not be prohibited from future pro se filings. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999). Having carefully considered the response and finding it fails to show cause why sanctions should not be imposed, we conclude that Appellant is abusing the judicial process and should be barred from further pro se filings.

In order to conserve judicial resources, Appellant is prohibited from filing with this Court any further pro se filings concerning Volusia County Circuit Court Case No. 2020-10741-CIDL. The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. The Clerk will summarily reject any future filings regarding the referenced case unless filed by a member in good standing of The Florida Bar. See Isley v. State, 652 So. 2d 409, 411 (Fla. 5th DCA 1995) ("Enough is enough."). The Clerk is further directed to forward a certified copy of this opinion to the appropriate institution for consideration of disciplinary proceedings. See § 944.279(1), Fla. Stat. (2019) ; Simpkins v. State, 909 So. 2d 427, 428 (Fla. 5th DCA 2005).

FURTHER PRO SE FILINGS PROHIBITED.

COHEN and SASSO, JJ., concur.

EISNAUGLE, J., dissents, without opinion.


Summaries of

Smith v. State

Florida Court of Appeals, Fifth District
Aug 27, 2021
324 So. 3d 71 (Fla. Dist. Ct. App. 2021)
Case details for

Smith v. State

Case Details

Full title:KEITH D. SMITH, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Aug 27, 2021

Citations

324 So. 3d 71 (Fla. Dist. Ct. App. 2021)