Background
Bryan Walters, proceeding pro se, filed a civil negligence action against the State of Florida and others, seeking declaratory and injunctive relief along with $10 billion in damages. His claims arose from alleged trespasses on college campuses and businesses and a 2012 arrest, asserting causes of action for libel and slander.
The defendants jointly moved under Florida’s recently enacted Vexatious Litigant Act to declare Walters a vexatious litigant. They identified 45 pro se cases filed by Walters in the preceding seven years that had been finally and adversely determined against him and were not maintained in good faith. The trial court held an October 9, 2025 hearing and entered an order on October 13, 2025, finding Walters met the statutory definition and requiring him to post $10,000 security within 30 days to continue prosecuting his lawsuit, with dismissal with prejudice if he failed to comply.
The Court’s Holding
The Third District Court of Appeal first addressed whether it had appellate jurisdiction over the non-final security order. Although the Vexatious Litigant Act was newly enacted in 2025, the court concluded it had jurisdiction because the security requirement functioned as an injunction, citing precedent treating orders mandating deposit of funds into the court registry as injunctive relief reviewable under Fla. R. App. P. 9.130(a)(3)(B).
On the merits, applying an abuse of discretion standard for factual findings and de novo review for statutory interpretation, the court affirmed the trial court’s order in all respects. The court found no factual, legal, or other error. The trial court properly determined that Walters had filed 45 pro se cases in the preceding seven years that were finally and adversely determined against him and not commenced, prosecuted, or maintained in good faith—meeting the threshold for designation under § 68.093(2)(c)1 of the Florida Statutes. The court upheld the $10,000 security requirement and the trial court’s finding that Walters was unlikely to succeed on the merits of his underlying lawsuit.
Key Takeaways
- A pro se litigant who files five or more cases within seven years that are finally and adversely determined against him and not maintained in good faith may be declared a vexatious litigant under Florida law.
- Security orders in vexatious litigant cases are reviewable on appeal as orders in the nature of injunctions, even though they are non-final orders.
- Failure to post court-ordered security in a vexatious litigant case results in dismissal of the lawsuit with prejudice.
Why It Matters
This decision provides the first appellate interpretation of Florida’s newly enacted 2025 Vexatious Litigant Act and establishes important procedural precedent. By holding that security orders are injunctive and thus subject to interlocutory appeal, the court created a meaningful appellate review mechanism for vexatious litigant designations. The decision also clarifies that trial courts have broad discretion in determining whether litigation has been maintained in good faith, based on the volume and pattern of filings.
The ruling reinforces Florida courts’ authority to control abusive serial litigation by pro se filers and provides guidance on applying the statutory five-case threshold and good-faith requirement. This precedent will inform how Florida courts manage docket congestion and frivolous filings going forward.
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