Vexatious Litigant – Case Dismissed with Prejudice

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In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who, in the immediately preceding 5-year period, has commenced, prosecuted, or maintained, pro se, five or more civil actions in any court in this state, except an action governed by the Florida Small Claims Rules, which actions have been finally and adversely determined against such person or entity.” The appellate court found specifically that the provision is not unconstitutional, citing Smith v. Hernandez, 20 So. 3d 905 (Fla. 2d DCA 2009).

Smith v. Hatcher, 38 Fla. L. Weekly D1522b (Fla. 1st DCA July 11, 2013.)

Topics:  Dismissal With Prejudice, Frivolous Lawsuits, Malicious Prosecution

Published In: Civil Procedure Updates, Constitutional Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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