Ellie Neiberger helps woman who has been denied due process

As a member of the Florida Bar’s appellate pro bono committee, Ellie Neiberger of Bryant Miller Olive volunteered in the appeal of a divorce case involving a woman in India that has taken a number of interesting twists and turns.

The woman’s husband moved to Florida for business, and she planned to join him when she secured a visa. However, after the husband had spent six months living in Florida, he filed for divorce in Miami-Dade Circuit Court. Notably, six months is the minimum residency requirement for Florida courts to have jurisdiction over a divorce case.

Her husband controlled all of their assets and stopped giving her money. She had no means to hire a lawyer and did not qualify for pro bono trial representation because she did not reside in Florida. Nor could she travel to Florida for the court proceedings because she lacked both the resources and immigration status.

The wife had no choice but to represent herself from halfway around the world. English is not her first language, yet she filed a well-written response to her husband’s divorce petition, requesting alimony, property division, financial disclosures and funds to hire an attorney, which is required by Florida statute if there is a financial disparity between the spouses.

During a status conference that the wife attended by phone from India, the trial court decided to hear the entire case without prior notice. In a highly astute move, she objected on the basis of being denied an opportunity to present evidence, but the court denied the objection and finalized the divorce terms, giving her only $500 a month in alimony for 12 months.

The wife appealed and submitted a request to the Florida Bar’s appellate section for pro bono assistance. Ellie volunteered to represent her. The appellate court concluded that the trial court had violated the wife’s due process rights, reversing the divorce judgment and sending the case back to the trial court.  Since Ellie does not practice family law, her representation ended when the appellate court issued its decision.

The trial court quickly rescheduled the case and the wife again represented herself, but did not receive any better treatment on remand, with the court determining the alimony she already received was enough. The wife filed a second appeal, this time with pro bono representation from a retired appellate court judge. On March 29, the appellate court again reversed the final judgment and remanded it back to the trial court for a third time, so a final resolution is still to be determined.

“It has been shocking and disturbing to see a Florida trial court treat an unrepresented person so poorly,” Ellie said. “The wife did a remarkable job. She researched Florida law and made legitimate arguments, but the court largely rejected them out of hand because she did not have a lawyer.”

This case illustrates the value of The Florida Bar’s Appellate Practice Section Pro Bono Committee. Beyond helping indigents in individual cases, it can also play a role in maintaining judicial accountability in proceedings involving unrepresented indigents.

BMO is proud of Ellie’s participation on the Committee and of her excellent pro-bono work as part of the Committee’s efforts.