Posted by Nydia Streets of Streets Law in Florida Divorce

How many continuances can a party seek in a Florida family law case? A continuance is a delay of a hearing date or other deadline in the case. There is really no limit, but the court has discretion to deny requests for delay that are repeated, are made in bad faith, and which cause prejudice to the other party. This was one of many issues raised in the case Apesteguy v. Keglevich, 3D20-60 (Fla. 3d DCA April 7, 2021).

The parties were married for approximately four years before a petition for divorce was filed. They had two children, and the former wife did not work during the marriage. The former husband supported the family and had significant premarital assets. The trial record showed the former wife delayed the proceedings by not complying with discovery and refusing to attend mediation. About an hour before the start of the trial, the former wife filed a motion for continuance, her third, claiming she needed more time to investigate the former husband’s claims regarding a certain asset. Her motion was denied, trial proceeded and a final judgment was entered ordering alimony, child support and equitable distribution. The former wife appealed.

First, addressing the former wife’s claim that it was error to deny her motion for continuance, the appellate court held: “The former wife had this information (and related documentation) in her possession for at least five months, as it was provided to her counsel during discovery. That the former wife failed to act with diligence in preparing the impeachment documents in advance of the trial was properly rejected by the trial court as good cause for the late-hour continuance. [. . .] The transcript evidences that the trial court viewed this continuance request as dilatory conduct consistent with the former wife's prior conduct, which included efforts to delay and a refusal to cooperate in the pretrial discovery process. The court rejected this latest, last-minute attempt, concluding that the former husband would suffer prejudice if it granted another continuance, this one at the very precipice of trial. We find no abuse of discretion in the trial court's determinations.”

Next, the court reviewed the former wife’s claims that the trial court incorrectly deemed two real properties as the former husband’s separate property, holding there was competent and substantial evidence that the properties were non-marital. The court then court held the alimony and child support awards were supported by adequate findings. Finally, the court dismissed the former wife’s challenge to fees awarded to the former husband because the amount had not yet been determined.

A consultation with a Miami divorce lawyer may help you understand what your rights are under the law.