Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when a lawyer does not show up for a scheduled hearing in a Florida family law case? This was at issue in the case Zhou v. Yuwen Chen, 3D19-1671 (Fla. 3d DCA March 4, 2020) in which the trial court sanctioned a lawyer almost $2,000.00 for failing to appear for a divorce trial.
A divorce trial was scheduled in a case. A few days before the trial was to take place, the lawyer for one of the parties filed a motion for continuance, citing a conflicting hearing she had in a federal immigration court. On the day of the divorce trial, she sent another lawyer to argue for the continuance in her place. The court was unmoved and fined the lawyer approximately $1,800.00 for her failure to appear, representing fees and costs incurred by opposing counsel. The lawyer appealed.
The appellate court reversed, holding “In Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002), the Florida Supreme Court recognized the trial court's ‘limited inherent authority to impose attorneys' fees against an attorney for bad faith conduct in the course of litigation.’ Id. at 225. While recognizing that inherent authority, however, the Supreme Court held that the decision it was reviewing ‘must be quashed because the trial court did not make an express finding of bad faith, and did not provide the attorney notice and an opportunity to be heard before imposing the attorneys' fees.’ [. . . ] The order was also imposed without the notice and an opportunity to be heard - ‘including the opportunity to present witnesses and other evidence’ - that Moakley expressly requires.”
If you are facing a divorce in Florida, schedule consultation with a Miami divorce lawyer to go over your case.