WHEN FLORIDA LITIGATION GOES TOO FAR WITHOUT AN ATTORNEY — Florida court comes down hard on party with no Florida lawyer who abused the judicial process
Q : Have you ever been involved in a Florida lawsuit against someone who acts as his own Florida attorney ? A recent Florida appeals case discusses someone’s right to appear in a Florida court for a Florida trial versus that person abusing our judicial process.
Q: Why does this matter?
A: Many Florida lawsuits, including Florida trust lawsuits and Florida probate litigation, see people without lawyers attempt to actively participate in the Florida lawsuit. While Florida courts will bend over backwards to accommodate a party to a Florida lawsuit , to give him or her their day in court, Florida courts will not permit anybody to abuse the Florida court or run afoul of our Florida rules.
A party who is unrepresented by a Florida attorney is referred to as “pro se” – – – or, appearing in the Florida litigation as a “pro se” litigant.
Typically, Florida courts, Florida judges, bend over backwards to accommodate pro se litigants in Florida lawsuits. However some Florida probate judges in Palm Beach County, Florida, believe that the appeals court for Palm Beach County holds that a Florida judge need not treat a pro se litigants differently than one who has retained a Florida lawyer.
One thing is for sure: Florida probate judges, Florida probate courts, indeed Florida trial courts, will not permit anyone to make a mockery of our Florida civil procedure or our judicial process.
Q: How do Florida courts do this?
Florida trial judges, including Florida probate judges, and judges who hear Florida trust litigation have the “inherent authority” – – – indeed a duty – – – to limit abuses of the judicial process by pro se litigants, if and when they get out of hand.
If someone is involved in a Florida lawsuit, the Florida court has the inherent power, indeed the obligation, to regulate, and sanction a litigant who is disruptive or who files frivolous or malicious documents.
Q: What does this mean? Florida courts will bend over backwards to give you an opportunity to be heard: to appear in court and to make your case. This includes filing court documents, calling witnesses, trying to introduce evidence. But, as this recent Florida appeals court reminds us, this all needs to be done in good faith.
If a Palm Beach trial judge believes that you are acting in bad faith, you can be sanctioned: the judge could rule against you on very little, or very big, issues.