Third District Court of Appeal
State of Florida
Opinion filed March 1, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1419
Lower Tribunal No. F93-14423
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Ananias Westbrook,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alberto
Milian, Judge.
Ananias Westbrook, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, C.J., and LINDSEY, and LOBREE, JJ.
PER CURIAM.
ON ORDER TO SHOW CAUSE
On January 11, 2023, the Court affirmed the denial of Ananias
Westbrook’s appeal from a trial court order imposing sanctions and barring
appellant from filing any further pro se motions. On the same date, the Court
ordered Westbrook to show cause why he should not be prohibited from filing
further pro se appeals, petitions, motions, or other pleadings in this Court
relating to lower tribunal case F93-14423.
Upon consideration of Westbrook’s response to the order to show
cause and the successive, duplicative, pro se petitions and appeals brought
by Westbrook, we conclude that good cause has not been shown. Westbrook
has engaged in the filing of meritless, frivolous, and successive claims,
continuing to seek relief from this Court notwithstanding prior adverse
determinations on the merits and warnings from this court. See Westbrook
v. State, 48 Fla. L. Weekly D130a (Fla. 3d DCA Jan. 11, 2023); and
Westbrook v. State,
149 So. 3d 723 (Fla. 3d DCA 2014).
In accordance with Jimenez v. State,
196 So. 3d 499 (Fla. 3d DCA
2016), State v. Spencer,
751 So. 2d 47 (Fla. 1999), and Concepcion v. State,
944 So. 2d 1069 (Fla. 3d DCA 2006), Westbrook is prohibited from filing any
further pro se appeals, pleadings, motions, or petitions relating to his
conviction, judgment, and sentence in lower tribunal case F93-14423. We
direct the Clerk of the Third District Court of Appeal to refuse to accept any
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such papers relating to the circuit court case number unless they have been
reviewed and signed by an attorney who is a duly licensed member of The
Florida Bar in good standing. See Whipple v. State,
112 So. 3d 540 (Fla. 3d
DCA 2013).
Additionally, any such further and unauthorized pro se filings by
Westbrook may subject him to appropriate sanctions, including the issuance
of written findings forwarded to the Department of Corrections for its
consideration of disciplinary action, including the forfeiture of gain time. See
§ 944.279, Fla. Stat. (2014).
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