Legal Question in Family Law in Florida

Filed exceptions to Magistrate (divorce/custody case). Counsel sent me safe harbor letter re: motion for sanctions. 21 days passed no Motion for Sanctions filed. I filed Motion for contempt (wife didn't attend court order drug test). Within 20 minutes Motion for Sanctions was filed. Then counsel requested deposition re: sanctions & would be requesting financial documents. Responded not available those dates. Didn't hear again from counsel until after I filed an Affidavit of Opposition to sanctions. He stated again request to depose & request documents. I stated that Order Setting Hearing doesn't stat sanctions to be heard & civil procedure required 30 days notice if requesting documents. Suddenly no longer needed documents & stated just because Order Setting Hearing doesn't list sanctions doesn't mean won't be heard. I filed Motion for Protective Order & set hearing on the matter. I believe good cause shown & only wants to depose to increase fees & cause annoyance.


Asked on 7/28/16, 7:39 am

1 Answer from Attorneys

John Smitten Carey and Leisure

Set all the issues for a hearing with the judge, You are right.

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Answered on 7/29/16, 4:58 am


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