Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What happens when a party does not show up to a hearing in a Florida family law case? Sometimes sanctions as severe as the striking of pleadings can occur. This means the claims or defenses asserted by the party in his or her petition or answer can be “erased” and treated as if they do not exist. This sanction is usually a last resort and is supposed to be used sparingly by courts. This happened to the former husband in the case Lattanzio v. Hoffmann, 3D18-934 (Fla. 3d DCA July 31, 2019).

The former wife filed her petition for divorce. At the time the former husband was served with the petition (or shortly thereafter), he had an attorney representing him. Subsequently, the attorney withdrew and an order was entered specifying that service on the former husband would be at his mailing address. The parties attended mediation and entered a partial settlement agreement which placed some obligations on the former husband by a certain deadline.

An order to appear for a status conference was entered by the court, and the former husband did not appear at the status conference. At the hearing, the court issued an order to show cause why the former husband should not be held in contempt for his failure to abide by the terms of the partial settlement agreement. The order to show cause was mailed to the former husband’s former attorney instead of to the former husband directly. Accordingly, the former husband did not show up at the order to show cause hearing. Based on his non-appearance, the court entered an order striking the former husband’s pleadings as a sanction. The former husband appealed, and the appellate court reversed the order. The court held: “There is no indication in the record before this Court that the Husband received the order to show cause. Thus, the trial court’s finding that the Husband’s failure to appear at the show cause hearing was willful is not supported by the record before this Court. Accordingly, we conclude that the trial court abused its discretion by striking the Husband’s pleadings and entering a default against him.”

Notice is an important part of a Florida family law case and is required to ensure a fair process. If you are concerned about protecting your rights in your Florida divorce case, contact a Miami divorce lawyer for a consultation.