Fraya Sandoval Rodriguez v. German Luis Ortega Gonzalez
CourtDistrict Court of Appeal of Florida
Date FiledJuly 29, 2026
Docket3D2025-2185
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 29, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D25-2185
Lower Tribunal No. 24-18532-FC 04
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Fraya Sandoval Rodriguez,
Appellant,
vs.
German Luis Ortega Gonzalez,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Ivonne
Cuesta, Judge.
Moreno Perdomo, PLLC, Arlenys Perdomo, and Gino Moreno, for
appellant.
Guernsey Law, PLLC, and Daniel P. Guernsey, for appellee.
Before FERNANDEZ, MILLER, and LOBREE, JJ.
PER CURIAM.
The wife challenges a final judgment of dissolution of marriage. The
final judgment adopted the parenting plan proposed by the husband,
awarded him child support, and denied the wife’s request for durational
alimony and child support in excess of the operative guidelines. Six days
before trial, the wife’s attorney withdrew from representation with permission
from the lower court, citing “significant irreconcilable differences” between
the wife, her counsel, and her team of forensic accountants. The withdrawal
order granted the wife thirty days to procure new counsel. An attorney briefly
appeared on a limited basis during that period, but the wife ultimately
proceeded to trial pro se. Finding these facts virtually indistinguishable from
those set forth in Sheinheit v. Cuenca, 840 So. 2d 1122 (Fla. 3d DCA 2003),
we are constrained to reverse. In Sheinheit, we found that requiring a litigant
to proceed to trial self-represented before the period afforded to obtain
counsel lapsed constitutes a violation of due process. Id. at 1123 (“[T]he trial
court violated [Sheinheit’s] due process rights by giving her twenty days to
hire an attorney while at the same time forcing her to proceed pro se at a
hearing in which all of the issues that required the assistance of an attorney
were to be decided.”); id. (“[T]he opportunity to be represented by counsel in
both civil and criminal proceedings has been equated with due process.”
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(quoting Times Publ’g Co. v. Burke, 375 So. 2d 297, 299 (Fla. 2d DCA
1979))). We therefore reverse and remand for a new trial.
Reversed and remanded.
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