FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Application for Review of the Decision of the District Court
of Appeal - Direct Conflict of Decisions Fourth District -
Case No. 4D17-2704 (Palm Beach County)
Armando Rivas, pro se, Boynton Beach, Florida, for
M. Wallace of Akerman LLP, Tallahassee, Florida, Adam G.
Schwartz of Akerman LLP, West Palm Beach, Florida, and
William P. Heller of Akerman LLP, Fort Lauderdale, Florida,
case is before the Court on the petition of Armando Rivas to
invoke this Court's discretionary jurisdiction based on
express and direct conflict. We have considered the
jurisdictional briefs and portions of the record deemed
necessary to reflect jurisdiction under article V, section
3(b)(3) of the Florida Constitution and hereby deny the
his numerous meritless and inappropriate filings in this
Court pertaining to his foreclosure proceedings in the
Circuit Court of the Fifteenth Judicial Circuit, in and for
Palm Beach County, Florida,  during the pendency of his
petition for jurisdiction in this case, Rivas was directed to
show cause why he should not be barred from filing in this
Court any future pro se pleadings, motions, or other requests
for relief pertaining to his foreclosure proceedings in the
Fifteenth Judicial Circuit. Rivas has filed a response to the
order to show cause.
considering Rivas's response, we conclude that it fails
to show cause why he should not be sanctioned. Rivas has
compiled a history of pro se filings in this Court that were
devoid of merit or inappropriate for review.
the Clerk of this Court is hereby instructed to reject any
future pleadings, petitions, motions, documents, or other
filings submitted by Armando Rivas pertaining to his
foreclosure proceedings in the Circuit Court of the Fifteenth
Judicial Circuit, in and for Palm Beach County, Florida,
unless such filings are signed by a member in good standing
of The Florida Bar. Counsel may file on Rivas's behalf if
counsel determines that the proceeding may have merit and can
be brought in good faith.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ., concur.
In 2017, Rivas filed five other actions
in this Court against The Bank of New York Mellon, four of
which were filed in November alone. See Rivas v. Bank of
New York Mellon, No. SC17-2099, 2018 WL 1020505 (Fla.
Feb. 22, 2018) (review dismissed); Rivas v. Bank of New
York Mellon, No. SC17-2098, 2017 WL 5983898 (Fla. Dec.
1, 2017) (review dismissed); Rivas v. Bank of New York
Mellon, No. SC17-2043, 2017 WL 6031779 (Fla. Dec. 6,
2017) (petition transferred to district court); Rivas v.
Bank of New York Mellon, No. SC17-1682, 2017 WL 4161262
(Fla. Sept. 20, 2017) (unpublished) (review dismissed);
Rivas v. Bank of New York Mellon, No. SC17-203, 2017
WL 2569934 (Fla. June 14, 2017) (unpublished) (review
dismissed). Rivas filed two additional actions in this Court
against The Bank of New York Mellon in 2018. See
Notice of Appeal to the Florida Supreme Court, or
Alternatively, Notice to Invoke Discretionary ...