Damned & Damned: Examining Vexatious Litigation and the Vexatious Litigant Statute in Florida Courts
Graduation Year
2023
Document Type
Dissertation
Degree
Ph.D.
Degree Name
Doctor of Philosophy (Ph.D.)
Degree Granting Department
Criminology
Major Professor
John K. Cochran, Ph.D.
Committee Member
Jessica Grosholz, Ph.D.
Committee Member
George W. Burruss, Ph.D.
Committee Member
Kathrine Johnson, Ph.D.
Keywords
Civil courts, Courtroom workgroup, Legal system abuse, Self-represented litigation
Abstract
This dissertation examines self-represented litigants subjected to limitations under the Vexatious Litigant statute (F.S. 68.093) and related case law. It draws data from official records, surveys, interviews with judges, and a thematic analysis of court orders. The present research consists of two studies: Study I focuses on the application of Florida's Vexatious Litigant statute and similar sanctions, and Study II explores judges' decision-making in cases involving challenging self-represented litigants. Restrictions on litigants' court access raise concerns about due process rights, and an assessment of the use of these sanctions and litigants' practices is vital for understanding their application. The findings indicate that the current approaches and sanctions are not used consistently, nor do they promote judicial economy. The dissertation concludes with a proposed theoretical model incorporating the multifaceted factors influencing judges' decisions, recommendations for a refined procedural approach to better serve both judges and self-represented litigants, and avenues for future research.
Scholar Commons Citation
Harper, Sarah L., "Damned & Damned: Examining Vexatious Litigation and the Vexatious Litigant Statute in Florida Courts" (2023). USF Tampa Graduate Theses and Dissertations.
https://digitalcommons.usf.edu/etd/10048
