Third District Court of Appeal Case: Man Has Pro-Se Rights Suspended for Filing too Many Appeals! (July 1, 2015)

Did you know that you do not need a lawyer to  file a case in West Palm Beach probate court? That does not mean it is wise to go it alone, but you have the right. Did you know that a Florida appeals court can suspend your right to pro-se proceedings? That’s exactly what one litigant found out in this unfortunate case out of the Third District Court of Appeal.

Pro-Se Litigants

• Pro-se is a fancy (i.e. Latin) way of saying without an attorney.
• A pro-se litigant has all of the same right as a party in West Palm Beach probate court that has retained counsel.
• That being said a pro-se litigant is held to the same standard judicially as a represented party.
• If you abuse your right to pro-se litigation it can be suspended.
• Doesn’t that count as a denial of your due process because it limits access to the court?
• Not quite, because you can always retain a lawyer and go to court.
• Are you prepared to bring a pro-se West Palm Beach will contest?
• Experienced Palm Beach probate litigators know that this may not be wise – do you know why?
• Will contests have a very short statute of limitations, as short as 90 days.
• You have limited time to act and you want to act wisely.
• If you do choose to use the pro-se right, know that you can have it taken away when you start abusing it.
• Want to see how?

Weaver v. State of Florida

• This was a criminal appeal to the Third District Court of Appeals in Miami-Dade County.
• After being denied an appeal the court told the appellant to give them a reason why they should not suspend his pro-se rights, and he could not give them one.
• For that reason he has lost his right to bring pro-se appeals.
• Do you think this is fair?
• Keep in mind the court has limited resources and needs to balance the needs of everyone.

Want to learn more?

Check out the entire case by clicking here.