Rodriguez v. Gonzalez
Six days before the dissolution trial, the wife's attorney withdrew, and the trial court gave her thirty days to retain new counsel yet proceeded to trial with her self-represented. The Third District, finding the facts virtually indistinguishable from Sheinheit v. Cuenca, held that forcing a litigant to try the case pro se before the court-granted period to obtain counsel had expired violated due process, and reversed the final judgment for a new trial.
Key facts
- Wife's attorney withdrew six days before dissolution trial; trial court granted wife thirty days to retain new counsel but proceeded to trial with wife representing herself.
- Trial court entered final judgment on dissolution issues including parenting plan, child support, and denial of durational alimony based on the trial conducted with wife proceeding pro se.
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Why it matters
This decision reaffirms and extends the practical reach of Sheinheit v. Cuenca: when a trial court grants a party a set period to retain replacement counsel after a withdrawal, it cannot simultaneously force that party… — full analysis with a trial
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