Gutierrez v. In Re: Noemi D. Gutierrez
After a self-represented appellant filed his thirteenth and fourteenth appeals from related probate proceedings with initial briefs that violated Rule 9.210(b) and attached an appendix of largely fictitious 'phantom' Florida case citations (and misquotations of real cases), the Third District issued a show-cause order under Rule 9.410(a). When the appellant failed to respond, the court dismissed the consolidated appeals as a sanction and barred him from any further pro se filings in that court related to the underlying probate actions absent review and signature by a Florida Bar member.
Key facts
- Self-represented appellant filed his thirteenth and fourteenth consolidated appeals from related probate proceedings with initial briefs containing material violations of Florida Rule of Appellate Procedure 9.210(b) and an appendix of largely fictitious or nonexistent case citations along with misquotations of real cases.
- The Third District issued a show-cause order under Rule 9.410(a) directing the appellant to respond; when he failed to do so, the court dismissed the consolidated appeals as a sanction.
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Why it matters
This is one of the first Florida appellate decisions to sanction a litigant for submitting 'phantom' case law of the kind associated with generative AI tools, expressly aligning Florida with Mata v. Avianca, Park v… — full analysis with a trial
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