Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A party who is pro se (meaning self-represented) in a Florida family law case is subject to the same rules of procedure as a party represented by a lawyer. Pro se parties who continuously file improper documents in a case may be subject to sanctions from the court, one of which is that a party can be barred from filing further documents with a lawyer representing him or her. This was an issue in the case Makaver v. Pozuelos, 3D25-0158 (Fla. 3d DCA June 25, 2025).
In this divorce law case, the husband was proceeding pro se. The appellate opinion states “[The husband] has filed, in both the trial court and in this court, a series of rambling motions, statements, and other papers. He has alleged unsupported conspiracies, conflicts of interest by presiding judges and participants, and otherwise taken an already fraught family situation and made it more difficult.”
The trial court held contempt proceedings, but the notice of hearing and the order that resulted from the hearing conflicted as to whether this was an indirect criminal contempt hearing or an indirect civil contempt hearing. The procedures and requirements for these types of hearings differ. Accordingly, the trial court held “We recognize that ‘[a]buse of the legal system is a serious matter, one that requires this Court to exercise its inherent authority to prevent.’ Lussy v. Fourth Dist. Ct. of Appeal, 828 So. 2d 1026, 1027 (Fla. 2002). And the trial court has tools to prevent such abuse, including contempt. But a contempt proceeding (including the notice, hearing, and resulting order) must comply with the relevant safeguards and procedural and substantive requirements. Because the contempt proceeding and resulting order on appeal does not comply with this standard, we are constrained to reverse and quash the civil contempt order.”
The court concluded “We affirm, however, as to the prior order barring [the husband’s] pro se filings without review by a member of the Florida Bar, as the appeal is untimely as it relates to that order. A motion for reconsideration does not toll the time to file the appeal, and the fact that a subsequent order references the order barring filings does not reset the clock.”
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