Legal Question in Family Law in Florida

Notice of Appearance never filed?

My ex hired an attorney to rep. him for a hearing we had back in April of this year at the last minute. The attorney told the Magistrate that he fild a Notice of Appearance and that it was ''floating'' around in the system for processing. Since then, I never received a copy of it and the clerk of court tells me one was never docketed. We have another hearing tomorrow. Can this attorney leagally rep. my ex if a Notice was never filed? Can I ask the judge to dismiss him from the hearing? Can she over rule and allow him to stay even if a notice was never filed?


Asked on 8/13/07, 9:28 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Notice of Appearance never filed?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The attorney should not be allowed to appear without a formal notice of appearance. This can often be corrected and provided at the time of the hearing, however. If the attorney fails to provide a Notice, you can ask the court to not allow him/her to appear on behalf of your ex. If the court disagrees, you should remind the court of the April hearing and bring a copy of the docket sheet along with you showing that a Notice was never filed with the court despite an assertion to the contrary.

Scott R. Jay, Esq.

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Answered on 8/13/07, 10:10 am


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