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Barber v. Dep't of Corr.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 2, 2020
293 So. 3d 536 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-4534

03-02-2020

Larry BARBER, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Larry Barber, pro se, Petitioner. Kenneth S. Steely, General Counsel, and Taylor R. Anderson, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.


Larry Barber, pro se, Petitioner.

Kenneth S. Steely, General Counsel, and Taylor R. Anderson, Assistant General Counsel, Department of Corrections, Tallahassee, for Respondent.

Per Curiam.

The petition for writ of certiorari is dismissed for lack of jurisdiction. See Mobley v. McNeil , 989 So. 2d 1215 (Fla. 1st DCA 2008) (finding that, where a motion to vacate a lien was filed long after the proceeding during which the lien was imposed had been resolved, the order denying the motion was in the nature of a denial of an untimely motion for rehearing and was not reviewable).

The Court notes that Petitioner unsuccessfully sought review of a similar order in case 1D18-4256. Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures as provided in section 944.279, Florida Statutes (2019) (providing that a prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).

Wolf, Kelsey, and Winokur, JJ., concur.


Summaries of

Barber v. Dep't of Corr.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 2, 2020
293 So. 3d 536 (Fla. Dist. Ct. App. 2020)
Case details for

Barber v. Dep't of Corr.

Case Details

Full title:LARRY BARBER, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Mar 2, 2020

Citations

293 So. 3d 536 (Fla. Dist. Ct. App. 2020)