DELGADO v. MILLER (2026)

Arlene J. Delgado seeks a writ of certiorari to quash the trial court's order imposing sanctions without allowing her an opportunity to show cause as to why those sanctions should not be imposed. Petitioner seeks a quash on several provisions of the trial court's omnibus order. We agree that the imposed sanctions cause irreparable harm for the remainder of the proceeding and constitute a departure from the essential requirements of law by virtue of the fact that no order to show cause issued, and no opportunity to be heard occurred before the imposition of those sanctions. See State v. Spencer, 751 So. 2d 47 (Fla. 1999); Humes v. Solanki, 305 So. 3d 334 (Fla. 3d DCA 2020).

Specifically, we quash those portions of the trial court's “Omnibus Order on Respondent's Motions ․” rendered on October 9, 2025, as follows:

F. As the Respondent refuses to communicate with the Petitioner's attorney and continues to violate this Court's order of October 26, 2023 (D.E. #2040) she shall hire an attorney licensed with the Florida Bar. The attorney shall file a notice of appearance in thirty (30) days. The Court will take no further action in this matter while the Respondent represents herself as a pro se litigant.

G. The Respondent shall not email or communicate with the Court's judicial assistant. The Respondent shall not email or communicate with the Court. A Florida licensed attorney representing the Respondent may communicate with the Court's judicial assistant.

In his response, the Respondent commendably confessed error in this regard. Accordingly, we grant the petition and quash the indicated portions of the order listed above. We deny the petition in all other respects.

Petition granted in part; order quashed in part.

FERNANDEZ, J.