Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is vexatious or abusive litigation in a Florida family law case? This is litigation that is deemed unnecessary, frivolous, or usually designed to delay or frustrate the progress of the case. If a party is deemed to be vexatious, the court can levy sanctions which may include prohibition from filing case documents without hiring a lawyer to do so. This was an issue in the case Wiendl v. Wiendl, 2D2024-1861 (Fla. 2d DCA June 20, 2025).
After a final judgment of divorce was entered, the former husband continued to initiate litigation, leading the trial court to enter an order which declared him an “abusive litigant” and prohibited him from "fil[ing] any pleadings, motions, or petitions, or prosecut[ing] or defend[ing] any pleadings, motions, or petitions without being represented by a lawyer who is a member of the Florida Bar in good standing." The order further assigned a mediator to the case and required the parties to mediate with that mediator whenever three or more motions or pleadings were pending, and required the former husband to pay the mediator’s fee in-full. The former husband filed a petition for writ of certiorari with the appellate court.
The appellate court recognized the trial court’s frustration, but held the order went too far. The court noted “When a trial court abridges a party's due process right to notice and an opportunity to be heard, a miscarriage of justice can occur. [. . .] Barring a self-represented litigant from filing further papers is strong medicine. Courts must strike the right balance between a litigant's access to the courts and any abuse of that right. [. . .] Evidently, the trial court was frustrated, perhaps rightfully so, by Former Husband's conduct. But it is not apparent in our sparse record that the trial court extended to Former Husband notice or an opportunity to be heard. By failing to do so, the trial court departed from the essential requirements of the law. [internal citation omitted]. Moreover, although the trial court allowed Former Husband to appear through counsel, Former Husband has suffered an irreparable harm; he cannot file papers on his own behalf—a right to which he would be otherwise entitled. See Graham v. Graham, 898 So. 2d 210, 211 (Fla. 2d DCA 2005) (explaining that a pro se litigant can lose "‘he right of self-representation’ in a postjudgment dissolution proceeding). Accordingly, the portion of the Order restricting Former Husband's self-representation cannot stand.” The trial order was therefore quashed in part.
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