Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party be sanctioned for requesting a last-minute continuance of a Florida family law hearing? This was an issue in the case Shitiat v. Giacomarra, 4D2025-1432 (Fla. 4th DCA May 6, 2026).
A hearing was set on the father’s motion for school boundary determination. Two days before the hearing, the mother’s lawyer moved to withdraw as her counsel, citing irreconcilable differences. The lawyer also filed a motion for continuance of the hearing, citing the need for the mother to have time to obtain new counsel. At the scheduled hearing, the court granted the motion to withdraw and granted the continuance with an order that the mother pay the father attorney’s fees for the last-minute continuance request. The mother appealed.
The appellate court reversed, holding “We agree with the mother that to the extent the order determined entitlement to fees as a sanction against her, it must be reversed, as she was not provided with notice that the court was considering imposing fees as sanctions and she was not given the opportunity to present evidence.” The court reasoned “Here, the trial court apparently imposed sanctions on its own motion. To the extent sanctions were based on some unstated, unspecified bad faith conduct, the court was required to provide notice and an opportunity to be heard, including the opportunity to present evidence. [internal citations omitted]. The record and docket do not indicate that any notice was given, prior to the May 30 hearing, that the court would consider imposing fees as sanctions against the mother. Rather, only counsel’s motions were noticed for hearing.”
Nothing in this article is legal advice. Schedule your meeting with a Miami family law attorney to determine how the law may apply to your case.