Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When is a Florida family law case ready for trial? Typically, cases are not set for trial until the pleadings are closed and discovery is completed. In many jurisdictions in Florida, mediation is also required before a case can be set for trial. Can a trial date be set anyway if all of these conditions are not met? This was an issue in the case Pulwer v. Pearl Brothers, LLC, 3D22-1462 (Fla. 3d DCA October 26, 2022).
Though not a family law case, this case is informative of how the rules of procedure apply to family law cases. The court set a jury trial by order, and one of the parties to the case filed a motion to strike the order which was denied. An appeal via a writ of mandamus was filed, and the appellate court noted “An action is at issue and ready to be set for trial ‘after any motions directed to the last pleading served have been disposed of or, if no such motions are served, 20 days after service of the last pleading.’ Fla. R. Civ. P. 1.440(a). Here, there are two pending motions to dismiss directed at the operative complaint. Accordingly, the order setting the cause for jury trial was entered in violation of Rule 1.440.” The trial order was therefore quashed.
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.