Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When someone is referred to as “pro se” in a Florida family law case it means that person is proceeding without a lawyer. That person is acting as his or her own lawyer. While not optimal, it is allowed, but the court can place limits on a pro se party who repeatedly violates rules or otherwise hinders the court’s ability to move the case forward.
In the case Lyons v. Steiner, 5D22-2071 (Fla. 5th DCA January 23, 2023), the parties were before the court on a post-judgment paternity case. The trial court issued an order banning the father from filing any further documents in the case without a lawyer. The father appealed, arguing this was a violation of his due process rights because the court did not provide him with notice and an opportunity to be heard prior to imposing this sanction.
The appellate court agreed with him, holding “This court has recently granted certiorari relief to a pro se party when the trial court prohibited the litigant from future pro se filings without first complying with the Spencer procedure of issuing an order to show cause providing the litigant with reasonable notice and an opportunity to respond before imposing this sanction. See McCone v. Pitney Bowes, Inc., 342 So. 3d 826, 827 (Fla. 5th DCA 2022). Because the trial court here did not follow this procedure, we grant the petition and quash, without prejudice, that part of the respective orders barring Lyons from pro se filings.”
Schedule your meeting with a Miami family law attorney to discuss the next steps in your case.