Attorney Jonathan Jacobs asks you to look to the case of Dunac v. Dunac, a 2026 case published in March in most law research databases. Florida Family Law rule of procedure 12.490(E)(5), provides that a party seeking review of emotion to vacate an order. In other words, get rid of the order. The order was decided by incorrect law or through the wrong information or there was some procedural defect. A party must seek a schedule a hearing date at the same time that the motion to vacate is filed with the court. The rules are a little different for lawyers who generally have to do a meet and confer. Nevertheless, the court concluded that the rule requires some action directed at securing a hearing date beyond language requesting a hearing date in the motion itself. A motion is not enough. Anybody can file a motion, but if nothing ever happens and nobody ever seeks to have a hearing, the motion may as well have never been filed at all. Eventually it will be stale, a case will be dismissed, or the motion will be forgotten. Courts and judges have too many cases and too many things to do to go chasing every motion filed by every party in every family law case just because.
Call Jacobs Law Firm at 407-335-8113 to learn more. This is not legal advice and does not establish an attorney-client relationship. www.jjlawfl.com
