Supreme Court of Florida

____________

No. SC12-840

____________

FRANK C. JOHNSON, 

Petitioner,

vs.

THE BANK OF NEW YORK MELLON TRUST COMPANY, 

Respondent.

____________

No. SC12-842

____________

FRANK C. JOHNSON, 

Petitioner,

vs.

THE BANK OF NEW YORK MELLON TRUST COMPANY, 

Respondent.

[January 23, 2014]

PER CURIAM.
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Petitioner Frank C. Johnson filed petitions for writs of mandamus in the 

above-styled cases.1

Since 2004, petitioner has initiated twenty-one proceedings in this Court.

 On December 18, 2012, this Court entered an order 

consolidating the cases and dismissing the petitions pursuant to Pettway v. State, 

776 So. 2d 930, 931 (Fla. 2000). In doing so, we expressly retained jurisdiction to 

pursue possible sanctions against petitioner. Johnson v. Bank of N. Y. Mellon 

Trust Co., 2012 WL 6653024 (Fla. Dec. 18, 2012) (table). Over the past several 

years, petitioner has submitted a tremendous number of pro se filings in various 

courts in different cases, to the point that he is barred or limited in submitting pro 

se filings in the First District Court of Appeal, see Johnson v. Wilbur, 981 So. 2d 

479 (Fla. 1st DCA 2008), and the Circuit Court of the Eighth Judicial Circuit, in 

and for Alachua County, Florida. 

2

 

1. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const.

 

Many of his most recent filings have been related to foreclosure proceedings in the 

2. Johnson v. Wilbur, 895 So. 2d 405 (Fla. 2005) (table) (mandamus 

petition denied); Johnson v. Law Offices of Marshall, Watson, P.A., 942 So. 2d 

412 (Fla. 2006) (table) (mandamus petition denied); Johnson v. Mitchell, 935 So. 

2d 499 (Fla. 2006) (table) (review dismissed); Johnson v. The Florida Bar, 937 So. 

2d 1099 (Fla. 2006) (table) (mandamus petition dismissed); Johnson v. Judicial 

Qualifications Comm’n, 977 So. 2d 576 (Fla. 2008) (table) (mandamus petition 

denied); Johnson v. Wilbur, 979 So. 2d 219 (Fla. 2008) (table) (dismissed for lack 

of jurisdiction); Johnson v. Wilbur, etc., et al., 979 So. 2d 219 (Fla. 2008) (table) 

(dismissed for lack of jurisdiction); Johnson v. Wilbur, 978 So. 2d 159 (Fla. 2008) 

(table) (dismissed for lack of jurisdiction); Johnson v. Law Offices of Marshall 

Watson, P.A., 979 So. 2d 219 (Fla. 2008) (table) (dismissed for lack of 
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Circuit Court of the Eighth Judicial Circuit, in and for Alachua County, Florida. 

Petitioner has not obtained relief on the merits in any of the proceedings that have 

been disposed of in this Court. Petitioner’s cases contain large numbers of 

individual filings, including motions, notices, and attachments. Many of his filings 

are handwritten and very difficult to decipher.

 Petitioner filed a response to the Court’s show cause order on December 

31, 2012, and he also filed many other motions and requests for relief. Upon 

consideration of the response to the Court’s order, we conclude that he has failed to 

show cause why he should not be sanctioned. Accordingly, we now exercise the 

inherent power of this Court to protect itself from abuse of the judicial process and 

bar Petitioner Johnson from any future pro se filings of any kind related to his 

 

jurisdiction); Johnson v. Wilbur, 992 So. 2d 820 (Fla. 2008) (table) (dismissed for 

lack of jurisdiction); Johnson v. Wilbur, 982 So. 2d 685 (Fla. 2008) (table) 

(dismissed as untimely); Johnson v. Wilbur, 982 So. 2d 685 (Fla. 2008) (table) 

(dismissed for lack of jurisdiction); Johnson v. Wilbur, 982 So. 2d 684 (Fla. 2008) 

(table) (dismissed as untimely); Johnson v. Wilbur, etc., et al., 982 So. 2d 684 (Fla. 

2008) (table) (dismissed for lack of jurisdiction); Johnson v. Bank of N. Y. Mellon 

Trust Co., Case No. SC10-1472 (Fla. Sept. 27, 2010) (transferred); Johnson v. 

Bank of N. Y. Mellon Trust Co., 70 So. 3d 587 (Fla. 2011) (table) (prohibition 

petition dismissed); Johnson v. Bank of N. Y. Mellon Trust Co., Case No. SC11-

1752 (Fla. Oct. 24, 2011) (transferred); Johnson v. Bank of N. Y. Mellon Trust 

Co., 2012 WL 6653024 (Fla. Dec. 18, 2012) (table) (mandamus petition 

dismissed); Johnson v. Bank of N. Y. Mellon Trust Co., 2012 WL 6653024 (Fla. 

Dec. 18, 2012) (table) (mandamus petition dismissed); Johnson v. Bank of N. Y. 

Mellon Trust Co., Case No. SC13-714 (mandamus petition dismissed); Johnson v. 

Bank of N. Y. Mellon Trust Co., Case No. SC13-1690 (mandamus petition 

pending). 
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foreclosure proceedings. The Clerk of this Court is hereby instructed to reject any 

future pleadings, petitions, motions, documents, or other filings submitted by 

Frank C. Johnson pertaining to Alachua County circuit court case numbers 01-

2004-CA-1039 and 01-2008-CA-5581, unless such filings are signed by a member 

in good standing of The Florida Bar. Counsel may file on Johnson’s behalf if 

counsel determines that the proceeding may have merit and can be brought in good 

faith.3

It is so ordered.

 Any and all pending motions or requests for relief filed by petitioner in 

these consolidated cases are denied. 

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, 

and PERRY, JJ., concur. 

Original Proceedings – Mandamus

Frank C. Johnson, Jr., pro se, Gainesville, Florida,

for Petitioner

Clive N. Morgan, Jacksonville, Florida,

for Respondent

 

3. In recent years, we have imposed comparable sanctions on other litigants 

whose pro se filing practices have exhibited their disregard for abusing the scarce 

judicial resources of this Court. See, e.g., McCutcheon v. State, 117 So. 3d 769 

(Fla. 2013); James v. Tucker, 75 So. 3d 231 (Fla. 2011); Johnson v. Rundle, 59 So. 

3d 1080 (Fla. 2011); Steele v. State, 14 So. 3d 221 (Fla. 2009); Pettway v. McNeil, 

987 So. 2d 20 (Fla. 2008).