Willie Davis v. State of Florida

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WILLIE DAVIS, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-2127
STATE OF FLORIDA,
Appellee.
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Opinion filed November 21, 2016.
An appeal from an order of the Circuit Court for Madison County.
Andrew J. Decker, III, Judge.
Willie Davis, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney
General, Tallahassee, for Appellee.
PER CURIAM.
We affirm the denial of Appellant’s postconviction motion, entitled “Second
Motion to Dismiss.” However, the order denying Appellant’s motion for rehearing
also barred any further pro se pleadings. If a court wishes to impose a bar to future
pro se filings by Appellant, it must provide him notice and an opportunity to
respond through issuance of a show cause order. See State v. Spencer, 751 So. 2d
47, 48-49 (Fla. 1999). Accordingly, we reverse the portion of the order barring
further pro se pleadings, and remand for the court to comply with the requirements
of Spencer.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
WOLF, RAY, and MAKAR, JJ., CONCUR.
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