Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party fails to prosecute a Florida family law case, the case can be dismissed. Under Florida Rule of Family Law Procedure 12.420, if there has been no activity in the case for at least 10 months, the court may dismiss the case, but notice must be given in advance. This was an issue in the case Viera v. Viera, 3D24-2208 (Fla. 3d DCA May 21, 2025).
The husband in this divorce case appealed the dismissal of the case, alleging the parties were not given notice of the potential dismissal in accordance with the rules of procedure. The rules state that the court must give notice, and “If no such record activity has occurred within the 10 months immediately preceding the service of the notice, and no record activity occurs within 60 days immediately following the service of the notice, and if no stay was issued or approved before the expiration of the 60-day period, the action must be dismissed by the court [. . .].” Fla. R. Fam. L. P. 12.420(d).
The appellate court reversed, holding “Because the record plainly reflects that the parties were not served with the notice required by rule 12.420(d) prior to the lower court’s entry of the Dismissal Order, the parties’ due process rights were violated; hence, we are compelled to reverse the Dismissal Order and remand with instructions to reopen the case.”
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