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. _____________________________/ 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. 2