Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family law court impose sanctions for non-compliance with discovery. Yes, but the power to do so is not unlimited. This was an issue in the case Prichard v. Galicia, 3D24-2174 (Fla. 3d DCA March 12, 2025).
In this ongoing divorce case, the husband was sanctioned by the court for failure to abide by discovery orders. A sanction of $1,000 per day was ordered until the former husband fully complied with the discovery order. The husband appealed the sanction.
The appellate court held “While a per diem fine is an acceptable coercive sanction, ‘the trial court’s discretion in imposing the amount of the fine is not unlimited.’ Parisi v. Broward Cnty., 769 So. 2d 359, 366 (Fla. 2000). The trial court ‘must, in fixing the amount of a fine to be imposed . . . as a means of securing future compliance, consider the amount of [the contemnor’s] financial resources and the consequent seriousness of the burden to that particular [contemnor].’ Id.”
The court concluded “Here, neither the Contempt Order nor the transcript of the contempt proceeding conducted below reflect any trial court consideration of or findings as to [the husband’s] ability to pay a daily $1,000 fine, as is required to impose a coercive fine. The trial court’s failure to follow the procedure necessary to impose the coercive fine constituted a departure from the essential requirements of the law.”
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