Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Attendance at court via Zoom has become a common part of Florida family law cases in the last year or more. Sometimes, technology fails and as a result this can affect a person’s ability to participate in a hearing held by videoconferencing. When this happens, a party may have grounds to set aside an order entered against the party. This was an issue in the case Soles v. Burke, 4D20-1968 (Fla. 4th DCA August 18, 2021).
This case involved a domestic violence injunction. The accused was summoned to appear via Zoom for a hearing on the petition. After the accused did not appear via Zoom, the trial court entered a final judgment of injunction against repeat violence. Without an attorney, the accused filed a motion to vacate or set aside the order, indicating she was present at the Zoom hearing, but that a technology-related problem prevented her from being heard at the hearing or participating in it. Without a hearing, the trial court denied her motion and she appealed.
The appellate court reversed, holding “If a motion sets forth a colorable entitlement to relief based on excusable neglect, the trial court should either conduct a limited evidentiary hearing on the motion or grant the requested relief. [. . .] Here, Burke explained in the motion for rehearing that her failure to appear for the Zoom hearing was due to technological problems. A claim that the failure to appear was caused by technological difficulties is the type of ‘system gone awry’ that may constitute excusable neglect. Thus, although Burke’s pro se motion does not specifically reference rule 1.540 or rule 1.530, and does not include the words ‘excusable neglect,’ the motion nonetheless suggests a case of excusable neglect.”
If you need help with your Florida family law case, schedule a consultation with a Miami family law attorney to assist you in understanding the best way to proceed in your case.