Kathleen M. Bonczyk v. Richard C. Wolfe
On an order to show cause in an original-jurisdiction prohibition proceeding, the Third District exercised its inherent authority to police abuse of the judicial process and barred Kathleen Bonczyk — a licensed Florida attorney litigating pro se — from making any further pro se filings with the court. The court accepted her untimely response but found she failed to show good cause, directed the clerk to refuse any paper not reviewed and signed by a Florida Bar member in good standing, made the order effective immediately, and entertained no rehearing. Because Bonczyk is a licensed attorney, the court also referred a copy of the order to The Florida Bar.
Key facts
- Kathleen M. Bonczyk, herself a licensed Florida attorney, filed a 2018 state action in which attorney Richard C. Wolfe represented several defendants; that matter settled in 2020.
- In December 2021, Bonczyk made several false reports to government agencies falsely claiming Wolfe was involved in the sexual exploitation of his paralegal's thirteen-year-old daughter — claims based solely on the law firm's posting of a photo of the girl taken during a single-day visit to the firm over summer break.
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Holdings
- A district court of appeal possesses inherent authority to determine whether a pro se litigant is abusing the judicial process and, after notice and an opportunity to show cause under State…
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Why it matters
This order is a working template for civil litigators confronting a serial pro se filer and for anyone defending a client against a campaign of meritless appellate filings. It confirms that the Third District will count… — full analysis with a trial
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