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

Florida family law attorneys are supposed to be zealous advocates for their clients. When “zealous” crosses the line into a lawyer being labeled as displaying bad faith conduct, a Florida family law court may decide to sanction the lawyer in addition to sanctioning the party represented by the lawyer. This was at issue in the case Wanda I. Rufin, P.A. v. Borga, 4D19-491 (Fla. 4th DCA February 26, 2020).

In the divorce proceedings below, the trial court held a hearing that was noticed only for the wife’s motion for attorney’s fees based on need and ability to pay, as well as the wife’s motion for contempt against the husband for his failure to comply with a discovery request. At the hearing, without prior notice to the husband’s counsel, the wife’s counsel asked the court to grant attorneys’ fees against the husband’s counsel personally. The court granted this request and awarded $3,900 as a sanction for bad faith conduct.

The husband’s counsel appealed, and the appellate court agreed with her that the trial court’s ruling was a violation of her due process rights. The appellate court held “In the instant case, the trial court denied [the husband’s lawyer] due process. The notice of hearing stated that only two matters would be addressed: (1) the wife's motion for attorney's fees against the husband, and (2) the wife's motion for contempt against the husband. Nothing in the notice of hearing put [the husband’s lawyer] on notice that the court would consider attorney's fees as a sanction against her personally at the hearing. [. . .] Because the trial court imposed the attorney's fees sanction without notice and opportunity to be heard, we reverse and remand.”

Contact a Miami family law attorney to set a consultation about your case, and to understand how the law will apply to it.