A.C., etc. v. Department of Children and Families ( 2023 )

Supreme Court of Florida
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No. SC22-1519
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A.C., etc.,
Petitioner,
vs.
DEPARTMENT OF CHILDREN AND FAMILIES,
Respondent.
February 2, 2023
PER CURIAM.
This case is before the Court on the petition of A.C. for a writ
of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla.
Const.
Petitioner has filed forty-one pro se petitions or notices with
this Court since August 29, 2022. On November 18, 2022, we
denied the instant petition, expressly retained jurisdiction, and
ordered Petitioner to show cause why she should not be barred
from filing further pro se requests for relief in this Court related to
circuit court case number 502020DP000123XXXXMB. A.C. v. Dep’t
of Child. & Fams., No. SC22-1519, 2022 WL 17076781 (Fla. Nov.
18, 2022). Petitioner requested an extension of time to file a
response to the show cause order, which we granted on November
22, 2022. Since that time, Petitioner has continued to file
numerous meritless pleadings in this Court, including various
motions to dismiss the show cause order. In her response to the
show cause order, Petitioner acknowledges she has filed numerous
pleadings in this Court but argues she must challenge the lower
tribunals’ orders. Neither Petitioner’s response nor her motions
contain any justification for her continued abuse of this Court’s
limited resources by filing numerous meritless pro se notices and
petitions. Accordingly, we now find that Petitioner has failed to
show cause why she should not be sanctioned, and we outline
those sanctions below.
Petitioner has demonstrated a pattern of filing meritless pro se
requests for relief in this Court. Including the petition in the
instant case, Petitioner has filed forty-one pro se petitions or notices
with this Court since August 29, 2022. 1 Twenty-four of those cases
1. See A.C. v. Dep’t of Child. & Fams., No. SC22-1631 (Fla.
Dec. 2, 2022) (notice to invoke discretionary jurisdiction dismissed);
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A.C. v. Dep’t of Child. & Fams., No. SC22-1371 (Fla. Oct. 24, 2022)
(mandamus petition dismissed); A.C. v. Dep’t of Child. & Fams., No.
SC22-1369 (Fla. Oct. 24, 2022) (mandamus petition dismissed);
A.C. v. Dep’t of Child. & Fams., No. SC22-1302 (Fla. Oct. 6, 2022)
(notice to invoke discretionary jurisdiction dismissed); A.C. v. Dep’t
of Child. & Fams., No. SC22-1296 (Fla. Oct. 4, 2022) (notice to
invoke discretionary jurisdiction dismissed); A.C. v. Dep’t of Child. &
Fam., No. SC22-1295 (Fla. Oct. 17, 2022) (mandamus petition
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1290 (Fla. Oct.
4, 2022) (notice to invoke discretionary jurisdiction dismissed); A.C.
v. Dep’t of Child. & Fams., No. SC22-1285 (Fla. Oct. 3, 2022) (notice
to invoke discretionary jurisdiction dismissed); A.C. v. Dep’t of
Child. & Fams., No. SC22-1282 (Fla. Dec. 5, 2022) (notice to invoke
discretionary jurisdiction dismissed); A.C. v. Dep’t of Child. & Fams.,
No. SC22-1281 (Fla. Oct. 3, 2022) (notice to invoke discretionary
jurisdiction dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-
1279 (Fla. Dec. 5, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1261, 2022
WL 4533802 (Fla. Sept. 28, 2022) (notice to invoke discretionary
jurisdiction dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-
1259 (Fla. Dec. 5, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1156 (Fla.
Sept. 1, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1153 (Fla.
Aug. 31, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1149 (Fla.
Aug. 31, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1145 (Fla.
Aug. 30, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1143 (Fla.
Aug. 30, 2022) (notice to invoke discretionary jurisdiction
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1142 (Fla. Oct.
24, 2022) (notice to invoke discretionary jurisdiction voluntarily
dismissed); A.C. v. Dep’t of Child. & Fams., No. SC22-1405 (Fla. Nov.
10, 2022) (mandamus petition voluntarily dismissed); A.C. v. Dep’t
of Child. & Fams., No. SC22-1406 (Fla. Nov. 10, 2022) (mandamus
petition voluntarily dismissed); A.C. v. Dep’t of Child. & Fams., No.
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involved circuit court case number 502020DP000123XXXXMB. To
date, the Court has disposed of thirty-three of Petitioner’s cases,
including five petitions that Petitioner voluntarily dismissed. This
Court has never granted Petitioner the relief sought in any of her
filings. Petitioner’s thirty-three petitions and notices were all denied
or dismissed.
Therefore, based on Petitioner’s extensive history of filing pro
se petitions and requests for relief that were meritless or otherwise
inappropriate for this Court’s review, we now find that she has
abused this Court’s limited judicial resources. See Pettway v.
McNeil, 987 So. 2d 20, 22 (Fla. 2008) (explaining that this Court
has previously “exercised the inherent judicial authority to sanction
an abusive litigant” and that “[o]ne justification for such a sanction
lies in the protection of the rights of others to have the Court
conduct timely reviews of their legitimate filings”). If no action is
taken, Petitioner will continue to burden this Court’s resources.
Accordingly, we direct the Clerk of this Court to reject any
future pleadings or other requests for relief submitted by Petitioner
SC22-1411 (Fla. Nov. 14, 2022) (mandamus petition voluntarily
dismissed).
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regarding circuit court case number 502020DP000123XXXXMB,
unless such filings are signed by a member in good standing of The
Florida Bar.
Furthermore, because Petitioner persists in filing meritless
pleadings regarding other circuit court cases as well, we order
Petitioner to show cause, within three (3) days of the date hereof,
why she should not be barred from filing any pro se pleadings,
motions, or other requests for relief in this Court, unless such
filings are signed by a member of The Florida Bar in good standing.
Petitioner’s “Writ of Mandamus,” which the Court has treated
as a motion for written opinion, as well as any other pending
motions or requests for relief are all hereby denied.
No motion for rehearing or clarification will be entertained by
this Court.
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL,
GROSSHANS, and FRANCIS, JJ., concur.
Original Proceeding – Mandamus
Angela Ciriello, pro se, West Palm Beach, Florida,
for Petitioner
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Andrew Feigenbaum of the Florida Department of Children and
Families, West Palm Beach, Florida,
for Respondent
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