Florida District Courts of Appeal, 2016

Davis v. State

Davis v. State
Florida District Courts of Appeal · Decided November 21, 2016 · Makar, Ray, Wolf
204 So. 3d 972; 2016 Fla. App. LEXIS 17385 (Southern Reporter, Third Series)

Davis v. State

Opinion of the Court

PER CURIAM.

We affirm the denial of Appellant’s post-conviction motion, entitled “Second Motion to Dismiss.” However, the order denying Appellant’s motion for rehearing . also barred any further pro se pleadings. If a court wishes to impose a bar to future pro se filings by Appellant, it must provide him notice and an opportunity to respond through issuance of a show cause order. See State v. Spencer, 751 So.2d 47, 48-49 (Fla. 1999). Accordingly, we reverse 1 the portion of the order barring further pro se pleadings, and remand for the court to comply with the requirements 'of Spencer.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

WOLF, RAY, and MAKAR, JJ., concur.

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