Hermann v. Ruvin & Caballero v. Ruvin

(Fla. 3d DCA 2019)

Pro se litigants were not allowed to file family court pleadings (including name change petitions) without first purchasing and paying for services of the Clerk’s Self-Help Center. Our clients attended a forms preparation clinic hosted by Legal Services of Greater Miami and their pro se petitions for name change that were filed through Florida’s E-Filing portal were “abandoned” by the Clerk of Court who refused to docket the petitions. We filed petitions for writ of mandamus with the Third DCA, which were transferred to the Circuit Court. The Clerk refused to docket and after we filed new writs of mandamus compelling the docketing of the original writs, the Clerk docketed the original writs. The Court issued a show cause order, which was stayed as the parties entered into settlement discussions. The Clerk agreed to docket our clients’ petitions and change its procedures. Persons who file pro se petitions through the online portal no longer have their pleadings “abandoned.” The Clerk developed a waiver of self-help form for pro se litigants to use, agreed to docket petitions regardless of whether a waiver is filed, and changed the language pro se litigants receive when they file through the online portal to communicate ability for pro se litigants to avail themselves of the self-help program or obtain a waiver. LSGMI was co-counsel.