Florida District Courts of Appeal, 2015

Testa v. Testa

Testa v. Testa
Florida District Courts of Appeal · Decided August 27, 2015 · Conner, Klingensmith, Levine
171 So. 3d 244; 2015 Fla. App. LEXIS 12827; 2015 WL 5042130 (Southern Reporter, Third Series)

Testa v. Testa

Opinion of the Court

PER CURIAM.

The former husband seeks certiorari review of a trial court order that barred him from further pro se filing in this 2008 post-dissolution family law case. We grant-the petition and quash the order because the trial court did not issue an order to show cause and did not provide notice and an *245opportunity to respond before imposing the sanction. Bolton v. SE Prop. Holdings, LLC, 127 So.3d 746 (Fla. 1st DCA 2013); Delgado v. Hearn, 805 So.2d 1017 (Fla. 2d DCA 2001); see also State v. Spencer, 751 So.2d 47 (Fla. 1999).

On remand, the trial court shall issue an order to show cause and afford the former husband a reasonable time to respond before determining whether the sanction is appropriate.

Petition granted and order quashed.

LEVINE, CONNER and KLINGENSMITH, JJ., concur.

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