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Niles v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 15, 2020
292 So. 3d 1275 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-1069

04-15-2020

Gerald NILES, Appellant, v. STATE of Florida, Appellee.

Gerald Niles, pro se, Appellant. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.


Gerald Niles, pro se, Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam

AFFIRMED . Due to Appellant’s apparent abuse of the legal process by the repetitive and frivolous pro se filings in this Court, we issued an order directing Appellant to show cause why he should not be prohibited from future pro se filings in this Court related to Leon County Circuit Court case number 1990 CF 2534. See State v. Spencer , 751 So. 2d 47, 48 (Fla. 1999). Appellant’s response to the show cause order does not provide a legal basis to prohibit the imposition of sanctions.

Therefore, because Appellant’s repetitious, frivolous filings have become an abuse of the legal process, we hold that Appellant is barred from future pro se filings in this Court related to Leon County Circuit Court case number 1990 CF 2534. The Clerk of the Court is directed not to accept any future filings concerning this case unless they are filed by a member in good standing of The Florida Bar. This includes any post-disposition motion filed in response to this opinion. Appellant is warned that any filings that violate the terms of this opinion may result in a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2019). See Fla. R. App. P. 9.410.

We also direct the Clerk of the Court to provide a certified copy of this opinion to the Florida Department of Corrections to be forwarded to the appropriate institution or facility for disciplinary procedures pursuant to the rules of the Department as provided for by section 944.09, Florida Statutes (2019).

Roberts, Nordby, and Tanenbaum, JJ., concur.


Summaries of

Niles v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Apr 15, 2020
292 So. 3d 1275 (Fla. Dist. Ct. App. 2020)
Case details for

Niles v. State

Case Details

Full title:GERALD NILES, Appellant, v. STATE OF FLORIDA, Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Apr 15, 2020

Citations

292 So. 3d 1275 (Fla. Dist. Ct. App. 2020)