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

Does a party who is not represented by a lawyer in a Florida family law case have to provide an email address to receive case documents? The Florida Rules of Judicial Administration state how service can be accomplished on a party not represented by a lawyer. In the case Young v. Williams, 1D20-3766 (Fla. 1st DCA September 15, 2021), a pro se party missed a hearing because notice of it was sent to his email address rather than by mail to his home address.

The former husband filed a petition to modify parental responsibility. He received by mail a motion to dismiss filed by the former wife. The former wife’s attorney set a hearing on the motion to dismiss. He added the former husband’s email address to the service list in the electronic filing portal and sent notice of the hearing to the former husband in this manner.

The former husband later received an order closing the case, indicating it was because there were no pending motions. He checked his email and saw the notice of hearing previously sent. He then moved for rehearing, arguing that because he never designated an email address for service and had never used the e-service system, he was expecting correspondence via regular mail. After that, an order was entered by the court dismissing the former husband’s petition with prejudice. The former husband appealed.

The appellate court reversed the trial court’s order. It held “The record indicates that Appellee’s attorney incorrectly used Appellant’s e-mail address, which Appellant did not provide. Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1) (“The filer of an electronic document must verify that the Portal or other e-Service system uses the names and e-mail addresses provided by the parties pursuant to subdivision (b)(1)(A). . . . If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2).”) (emphasis added). Because Appellant was not represented by an attorney and did not designate an e-mail address for service in this proceeding, service on Appellant was required by mail. See Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(2). Accordingly, we hold that Appellant’s due process rights were violated because he did not receive reasonable notice of the hearing when the notice was not sent to his designated mailing address.”

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