Humes v. Solanki
After a pro se plaintiff's medical malpractice complaint was dismissed with prejudice, she filed a notice for trial a year later, prompting the defendant to move to strike and to request a bar on future pro se filings. The trial court struck the notice and barred the plaintiff from making any further filings not signed by a Florida Bar member. The Third DCA treated the appeal as a certiorari petition, held the order was not an appealable final or non-final order, and quashed the bar-order portion because no Spencer order to show cause had been issued, while leaving the remainder intact. Judge Logue dissented, arguing Spencer's show-cause requirement should not be mechanically extended from post-conviction to civil cases where the litigant had actual notice and an opportunity to be heard.
Key facts
- Pro se plaintiff filed a notice for trial approximately one year after her medical malpractice complaint was dismissed with prejudice.
- Defendant moved to strike the notice and requested that the trial court bar the plaintiff from making any future filings unless signed by a Florida Bar member.
- +2 more key facts with a free trial
Why it matters
The Third DCA aligns itself with the First, Second and Fourth DCAs in extending State v. Spencer's show-cause procedure to pro se bar orders in civil cases, and confirms that review of such orders is by certiorari… — full analysis with a trial
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