Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Florida due process rules require that both sides of a case be given a full and fair opportunity to be heard. So a court cannot usually make a decision in the case if only one party has presented his or her evidence and arguments. This was an issue in the case Domnin v. Domnina, 4D2023-0376 (Fla. 4th DCA October 30, 2024).
This appellate opinion lacks background information, but it appears there was a hearing on a request for temporary relief - specifically alimony and attorney’s fees. The trial court cut the hearing short, which resulted in the wife being able to present her side of the case, and the husband being denied the opportunity to do so. Despite not hearing the Husband’s side of the case, the trial court entered an order on temporary relief. The husband appealed.
The appellate court reversed, holding this was a denial of due process to the husband. The court concluded “On remand, the trial court is directed to conduct a de novo hearing on the wife’s temporary relief requests that were resolved by the predecessor judge in the order on review. The scope of the hearing on remand need not address the issue of temporary timesharing of the parties’ minor children as that issue was resolved by agreement of the parties during the temporary relief hearing.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.