CourtListener 9380785•A.C., etc. v. Department of Children and Families
Full text
Supreme Court of Florida
____________
No. SC22-1519
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A.C., etc.,
Petitioner,
vs.
DEPARTMENT OF CHILDREN AND FAMILIES,
Respondent.
March 2, 2023
PER CURIAM.
This case is before the Court on the petition of A.C. for a writ
of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla.
Const.
Petitioner has filed at least forty-three pro se petitions or
notices with this Court since August 29, 2022. On November 18,
2022, we denied the instant petition, expressly retained
jurisdiction, and ordered Petitioner to show cause why she should
not be barred from filing further pro se requests for relief in this
Court related to a dependency matter, circuit court case number
502020DP000123XXXXMB. A.C. v. Dep’t of Child. & Fams., No.
SC22-1519, 2022 WL 17076781 (Fla. Nov. 18, 2022). Despite the
Court’s order to show cause, Petitioner continued to file countless
meritless pleadings in this Court regarding various court matters
pending in the lower tribunals. Therefore, on February 2, 2023, the
Court issued an opinion barring Petitioner from filing pro se
pleadings in the Court regarding the dependency matter. A.C. v.
Dep’t of Child. & Fams., No. SC22-1519, 2023 WL 1457573 (Fla.
Feb. 2, 2023). The Court also ordered Petitioner to show cause why
she should not be further sanctioned and barred from filing any
pro se pleadings in this Court. Petitioner filed an untimely
response, which we strike as untimely. Moreover, Petitioner has
continued to file meritless pleadings in the Court. Accordingly, we
now find that Petitioner has failed to show cause why she should
not be sanctioned, and we outline those sanctions below.
Petitioner has demonstrated a pattern of filing meritless pro se
requests for relief in this Court. Including the petition in the
instant case, Petitioner has filed forty-three pro se petitions or
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notices with this Court since August 29, 2022. 1 To date, the Court
has disposed of all of Petitioner’s cases, including five petitions that
Petitioner voluntarily dismissed. This Court has never granted
Petitioner the relief sought in any of her filings. Petitioner’s
petitions and notices were all denied or dismissed, except for her
five most recent petitions, which are still pending.
Therefore, based on Petitioner’s extensive history of filing pro
se petitions and requests for relief that were meritless or otherwise
inappropriate for this Court’s review, we now find that she has
abused this Court’s limited judicial resources. See Pettway v.
McNeil, 987 So. 2d 20, 22 (Fla. 2008) (explaining that this Court
has previously “exercised the inherent judicial authority to sanction
an abusive litigant” and that “[o]ne justification for such a sanction
lies in the protection of the rights of others to have the Court
conduct timely reviews of their legitimate filings”). If no action is
taken, Petitioner will continue to burden this Court’s resources.
Accordingly, we direct the Clerk of this Court to reject any
future pleadings or other requests for relief submitted by Petitioner
1. See A.C. v. Dep’t of Child. & Fams., No. SC22-1591, 2023
WL 1457573 (Fla. Feb. 2, 2023); A.C. v. Dep’t of Child. & Fams., No.
SC22-1775 (Fla. Feb. 9, 2023) (mandamus petition denied).
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unless such filings are signed by a member in good standing of The
Florida Bar.
Additionally, any pending motions or requests for relief are all
hereby denied. No motion for rehearing or clarification will be
entertained by this Court.
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL,
GROSSHANS, and FRANCIS, JJ., concur.
Original Proceeding – Mandamus
A.C., pro se, West Palm Beach, Florida,
for Petitioner
Andrew Feigenbaum of the Florida Department of Children and
Families, West Palm Beach, Florida,
for Respondent
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