Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Is the right to proceed pro se, or self-represented in a Florida family law case absolute? Florida case law indicates it is not because pro se litigants who excessively or vexatiously litigate can be sanctioned and/or prohibited from filing anything further without a lawyer. This was an issue in the case Abboud v. Abboud, 5D2024-0799 (Fla. 5th DCA March 21, 2025).
The underlying case is a divorce case in which the trial court found the husband to be a vexatious litigant. The husband appealed several orders, it appears many without merit, and the appellate court issued an order to show cause why his appeal should not be dismissed for his failure to follow Florida Appellate Rules of Procedure. After considering the husband’s response to the order, the appellate court held “As a result of Appellant’s history of repetitious and frivolous pro se filings and in an effort to conserve judicial resources, Appellant is prohibited from any further pro se filings [. . .} The Clerk of this Court is directed not to accept any further pro se filings concerning the referenced case. Any future filings regarding the referenced case will be summarily rejected by the Clerk, unless filed by a member in good standing of The Florida Bar.”
Schedule your meeting with a Miami family law attorney to understand the next best steps in your case.