Wade Clark Mulcahy LLP

<p style="text-align: justify;">We’ve all had one, a pro se condo commando files a multi-hundred page kitchen sink complaint. The first reaction is to brush it off. Then one gets to thinking . . . Is there a duty to defend? To indemnify? If so, for what? Two, four, six or more years later defense counsel says yes, we want this over too -- we are trying, we really are but he keeps filing stuff, the guy won’t go away …</p>
<p style="text-align: justify;">In Lake County Florida, Circuit Court Case Numbers 2019-CA-001528, 2019-CA-001871, 2020-CA-001647 and 2021-CA-0766, plaintiff unhappy with the way his condominium association was operating, waged jihad against his condominium, its board, its management company and even its attorneys; filing multiple complaints seeking injunctions; declarations; breach of contract damages; malpractice damages; fraud damages; breach of fiduciary duty damages; attorneys fees; costs, etc., etc.</p>
<p style="text-align: justify;">Defendants aggressively defended; and the judge did his best to balance plaintiff’s access to the court against defendants’ right not to be harassed. When ruled against, plaintiff sought, in both the Florida District Court of Appeal and Florida’s Supreme Court, review. Plaintiff’s requests for appellate review were denied.</p>
<p style="text-align: justify;">On August 30, 2021, Florida’s Fifth District Court of Appeal released four related opinions in Case Numbers 5D21-0845, 5D21-0886, 5D21-1281 and 5D21-1593. Finding that “Enough is Enough,” the court sanctioned plaintiff for abuse of the judicial process by making repetitive, malicious and frivolous filings. As a sanction, the court prohibited plaintiff from filing any further pro se appellate filings concerning any of his Circuit Court cases unless said filing was made by a member in good standing of The Florida Bar.</p>
<p style="text-align: justify;">In Florida, the right to proceed pro se, at both the trial and appellate levels, may be forfeited where it is determined that the party has abused the judicial process through the continued filing of successive or meritless filings. It’s not easy relief to obtain, but in the right case it is worth the effort.</p>
<p style="text-align: justify;">Thanks to Charles M-P “Chip” George for his contribution to this post. Please contact <a href="mailto:Cgeorge@wcmlaw.com">Chip</a> with any questions.</p>