Bolton v. SE Property Holdings, LLC

We reverse the Order on Pro Se Motions enjoining appellants from filing further pleadings or motions except through counsel, because the trial court did not first provide notice and an opportunity to respond. See State v. Spencer, 751 So.2d 47, 48 (Fla.1999). See also Delgado v. Hearn, 805 So.2d 1017, 1018 (Fla. 2d DCA 2001) (citing Spencer). In doing so, we respectfully disagree with the dissent’s position that the need for notice and an opportunity to respond dictated by the Florida Supreme Court in Spencer applies only in the context of prisoner litigation.

While pro se prisoner litigation…