Legal Question in Family Law in Florida

False Representation

I filed a motion of contempt against my ex-girlfriend for not letting me see my daughter and other violations of the mediated stipulation and agreement.

Her attorney cancelled our 2nd mediation hearing with the family mediation services stating that we had reached an agreement. can he do that since he doesnt represent me, the petitioner? If not, can I also seek legal action against him as well?


Asked on 4/24/01, 11:12 pm

2 Answers from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: False Representation

I don't understand why you were going to mediation if you already have an agreement that you were trying to enforce. In any event, her attorney should not have cancelled if there were more issues to resolve unless he had a conflict in his schedule or you already resolved it.

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Answered on 6/15/01, 4:20 pm
Stan Halbert Stanley Halbert, P.A.

Re: False Representation

Generally, one party cannot unilaterally cancel a mediation. If there is no agreement, you should reschedule the mediation and/or reset the comtempt motion for hearing. I do not practice in the area of legal malpractice, so I will not advise you as to the possibility of legal action against the opposing attorney, though from your message, his action does appear to be ill-advised. A competent family law attorney could assist you with this matter further. Good Luck.

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Answered on 6/17/01, 4:12 am


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