Viewing entries tagged
Service of Process

Florida family law: dismissal for lack of prosecution

Florida family law: dismissal for lack of prosecution

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Who has a duty to progress a Florida family law case? The simple answer is, the party who is petitioning for relief from the court. If a case sits for too long without activity, the rules permit a court to dismiss or close a case. But certain notice has to be given to a party that this will happen after a certain period of inactivity has passed. This was an issue in the case Bravo v. CJM Partners, LLC, 3D21-1517 (Fla. 3d DCA August 17, 2022).

Florida family law procedure: Compliance with service of process rules in the face of evasion

Florida family law procedure: Compliance with service of process rules in the face of evasion

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is service of process in a Florida family law case? When a petition for divorce is filed, for example, the spouse filing the petition is responsible for ensuring that the other spouse receives a copy of the petition. The other spouse must receive the petition in a manner allowed by law. The most common manner is service of process via a process server. In Florida, this is a person licensed to deliver lawsuit papers. A process server’s compliance with service rules was an issue in the case Becker v. Becker, 3D22-0352 (Fla. 3d DCA July 20, 2022).