Vexatious Litigants Barred From Florida
Link: Statutes & Constitution :View Statutes :->2007->Ch0068->Section 093 : flsenate.gov.
Matt Conigliaro, of Abstract Appeal , highlights a decision by Florida's Fourth District Court of Appeal, upholding the constitutionality of Florida's Vexatious Litigant law, which allows for the dismissal of litigation found by the court to meet a "vexatious" test. The basic prong of the test is more than five (5) civil actions in the previous five (5) year period, filed pro se. A vexatious litigant can be forced to post a security bond, or have the action dismissed. Ultimately, an action can be dismissed, with prejudice, but the Fourth District refused to rule on the constitutionality of that provision. There are other restrictions and tests, and, if you are interested, I refer you to the statute. However, this case got me thinking; why can't the Legislature do something about all the other vexatious matters that bother us? How about a Vexatious Software Company law? Or, a Vexatious Retail Store law? Or, a Vexatious Person Standing In the Ten Or Fewer Items line with 40 items law? Or, well, you get the picture. If you don't, watch out, or I will let loose the gods of vexation upon you.
Funny stuff! However, it is not clear that it will hold up to state constitutional scrutiny.
Partly for the reasons that you enumerated only half in jest?
Posted by: Carlos Leyva | July 08, 2008 at 05:01 PM