It’s a common and understandable assumption: once you file a motion with the court, the system will take care of the rest, and a hearing will happen in due course. A recent decision from Florida’s Fourth District Court of Appeal is a clear, important reminder that this assumption isn’t correct, at least not for certain types of motions in Florida family law cases. Filing the paperwork is often only half the job. This is exactly the kind of easy-to-miss procedural requirement a diligent Tampa divorce lawyer has to track closely, because missing it can mean losing the substance of an otherwise valid argument entirely.
In Dunac v. Dunac, 51 Fla. L. Weekly D498 (Fla. 4th DCA 2026), the Fourth DCA, in an opinion authored by Judge Lauren M. Alperstein, affirmed a ruling against the former husband because he failed to comply with a specific procedural rule, Florida Family Law Rule of Procedure 12.490(e), by not actually securing a hearing on his motion to vacate on the same day he filed it. The appellate court made an important point in its reasoning: simply requesting a hearing isn’t enough. A party has to take affirmative action to actually secure a hearing date, not just ask for one and hope it materializes.
This might sound like a small, technical detail, but as this case demonstrates, it can have real, significant consequences for the outcome of your case. Below, we’ll walk through what happened in Dunac v. Dunac, explain why this specific procedural requirement matters so much, and discuss what this means for anyone filing motions in a Florida family law case.
What Happened in Dunac v. Dunac? A Plain-English Case Summary
Dunac v. Dunac involved a former husband who filed a motion to vacate in his family law case. A motion to vacate is a request asking the court to set aside, or undo, a prior ruling or judgment, often based on grounds like mistake, excusable neglect, or another recognized basis under Florida law.
The problem, according to the Fourth DCA, was procedural rather than substantive. Florida Family Law Rule of Procedure 12.490(e) requires a party filing certain motions to take specific action to actually secure a hearing, and in this case, that meant seeking a hearing on the same day the motion itself was filed. The former husband apparently didn’t do this. Instead, it appears he filed his motion without following through to actually obtain a scheduled hearing date in the manner the rule requires.
The Fourth DCA affirmed the ruling against him, emphasizing a specific and important point: simply requesting a hearing, whether informally or through language included somewhere in the motion itself, isn’t sufficient to comply with the rule. The party filing the motion has an affirmative obligation to actually take the steps necessary to secure a real, scheduled hearing date, and failing to do so has real consequences, potentially including a court treating the underlying motion as though it was never properly and timely brought before the court in the way the rule requires.
As with other recent appellate rulings we’ve discussed, this brief summary doesn’t detail every specific fact about the underlying motion to vacate, what judgment or ruling the former husband was trying to undo, or the broader context of the family law case. What’s clear, and what’s genuinely important for anyone filing motions in Florida family law cases to understand, is the specific procedural principle at issue: filing a motion and actually securing a hearing on that motion are two distinct steps, and both need to be properly completed.
What the Court Decided — and Why It Matters
To understand why this procedural requirement carries such real consequences, it helps to look at the purpose behind Rule 12.490(e) and the broader theme it reflects in Florida family law procedure.
What Rule 12.490(e) Requires
Florida’s Family Law Rules of Procedure include specific requirements governing how various motions need to be handled procedurally, including, in certain circumstances, requirements related to promptly securing a hearing after a motion is filed. The specific requirement at issue in Dunac v. Dunac, that a party seeking to vacate needed to secure a hearing on the same day the motion was filed, reflects the kind of precise, time-sensitive procedural obligation that can easily be overlooked by someone who isn’t intimately familiar with Florida’s family law procedural rules.
This kind of rule exists to keep family law cases moving forward efficiently and to prevent motions from languishing indefinitely without any actual resolution. If a party could simply file a motion and never take further action to have it actually heard, cases could stall indefinitely, creating uncertainty and delay for both parties. Rules like this one impose a structure that requires the filing party to actively move their own motion forward, rather than placing that burden on the court or the opposing party.
Why “Requesting” a Hearing Isn’t the Same as “Securing” One
The Fourth DCA’s specific point, that simply requesting a hearing is insufficient and that a party must actually take action to secure a hearing date, draws an important distinction that’s easy to overlook. It’s common for a motion to include language asking the court to set a hearing, or expressing that the movant wants a hearing on the matter. But this kind of general request, without more, doesn’t necessarily satisfy a rule that requires the movant to actually secure, meaning obtain a confirmed, scheduled hearing date through whatever specific procedural steps the applicable rule requires.
This distinction matters because it reflects a broader truth about Florida civil and family law procedure: passive language asking for something generally isn’t treated the same as actively taking the specific steps necessary to make that something actually happen. In many Florida jurisdictions, actually securing a hearing requires taking specific action, such as contacting the court’s judicial assistant, using a specific hearing-request system, or following a particular local procedure to actually get a hearing placed on the court’s calendar. Simply including a request in the motion’s text, without following through on these additional steps, often isn’t enough.
Why This Rule Applies With Such Strictness
It might seem harsh that a potentially valid motion to vacate could fail, not because the underlying substantive argument lacked merit, but because of a missed procedural step related to securing a hearing. But this reflects a now-familiar theme we’ve discussed in other recent case summaries: Florida courts consistently place the burden on the filing party to properly complete each of the procedural steps required for their motion or argument to be properly considered. This isn’t unique to this specific rule; it’s a consistent thread throughout Florida civil and family law procedure, whether the issue involves properly preserving an objection, ensuring an adequate record for appeal, or, as in this case, actually securing a required hearing.
This strictness exists because Florida’s court system needs predictable, enforceable procedural rules to function efficiently across an enormous volume of cases. If courts routinely excused missed procedural steps based on the underlying merit of a party’s argument, it would create significant unpredictability and inconsistency throughout the system. While this can feel like a frustrating, technical outcome in any individual case, it reflects a structural reality of how Florida’s courts operate.
Why This Case Serves as a Broader Warning
Dunac v. Dunac is a useful, cautionary illustration of how specific, sometimes obscure procedural rules can have outsized consequences if they’re not properly followed. Motions to vacate often arise in situations that are already stressful, frequently involving a party trying to undo a judgment or ruling they believe was entered in error or under unfair circumstances. In this already difficult context, missing a specific procedural requirement, like the same-day hearing requirement discussed in this case, can compound the original problem, effectively closing off the exact remedy the party was trying to pursue.
Practical Takeaways for Anyone Filing Motions in a Florida Family Law Case
Here’s what Dunac v. Dunac means in practical terms if you’re involved in a Florida family law case and considering filing a motion, particularly a motion to vacate or a similar time-sensitive request.
1. Understand That Filing and Securing a Hearing Are Two Separate Steps
If you’re filing a motion in a Florida family law case, understand that simply submitting the motion to the court isn’t necessarily the end of the process. Depending on the specific type of motion and the applicable procedural rules, you may need to take additional, affirmative steps to actually secure a hearing date, and failing to do so can undermine your ability to have the motion properly considered.
2. Work With an Attorney Who Knows the Specific Procedural Requirements for Your Motion
Different types of motions in Florida family law cases can carry different procedural requirements, some of which, like the specific rule at issue in Dunac v. Dunac, can be quite technical and easy to overlook without specific familiarity with Florida’s family law rules of procedure. An experienced Florida divorce attorney will understand these requirements and can make sure every necessary step is properly completed, not just the initial filing.
3. Act Promptly and Follow Through After Filing a Motion
If your motion is subject to a specific timing requirement, such as needing to secure a hearing on the same day it’s filed, it’s essential to follow through immediately, not to assume the court will automatically schedule a hearing on its own initiative. This may mean contacting the judicial assistant, using a court’s specific hearing-request system, or taking whatever other steps are required in your specific jurisdiction to actually get a hearing on the calendar.
4. Don’t Assume Language in Your Motion Automatically Secures a Hearing
If your motion includes language requesting a hearing, don’t assume this automatically satisfies any procedural requirement to actually secure one. As Dunac v. Dunac makes clear, these are treated as separate steps under at least some Florida procedural rules, and a general request within the motion’s text may not be sufficient on its own.
5. If You’ve Filed a Motion to Vacate, Confirm You’ve Met Every Procedural Requirement
If you’ve recently filed, or are planning to file, a motion to vacate in your Florida family law case, work with your attorney to confirm that every specific procedural requirement, including any applicable hearing-scheduling obligations, has been properly satisfied. Given how significant the consequences of a procedural misstep can be, this kind of careful verification is well worth the effort.
6. Recognize That These Procedural Pitfalls Are a Recurring Theme in Florida Family Law
Dunac v. Dunac fits within a broader pattern we’ve discussed across several recent Florida appellate decisions: procedural missteps, whether involving missing transcripts, unpreserved objections, missed rehearing deadlines, or, in this case, a failure to properly secure a hearing, can have serious, sometimes case-ending consequences, regardless of the underlying merit of a party’s substantive argument. This pattern underscores just how important it is to work with an attorney who takes procedural compliance as seriously as substantive legal strategy.
7. If You’re Uncertain About a Procedural Requirement, Ask Before It Becomes a Problem
If you’re navigating your family law case without full confidence about a specific procedural requirement, whether related to securing a hearing or any other aspect of your case, it’s always better to ask your attorney for clarification before a deadline or requirement is missed, rather than discovering the issue only after it has already undermined your position.
8. Keep a Personal Checklist of Deadlines Tied to Any Motion You File
Even with excellent legal representation, it can help to maintain your own general awareness of the key deadlines and requirements tied to any motion filed in your case, not so you can manage the legal details yourself, but so you can ask informed questions and flag anything that seems to be moving slower than expected. If your attorney mentions a same-day, next-day, or otherwise time-sensitive requirement connected to a motion, make a note of it, and don’t hesitate to follow up if you’re unsure whether that step has been completed.
Why Procedural Diligence Protects Your Substantive Rights
Dunac v. Dunac is a clear illustration of a theme that runs throughout Florida family law litigation: the strength of your underlying legal argument, whether it involves a motion to vacate, a dispute over marital asset division, or any other significant issue in your case, depends heavily on properly completing every required procedural step along the way. A meritorious argument can still fail if the procedural requirements surrounding it aren’t fully satisfied.
This is one of many reasons it’s so valuable to work with an experienced Tampa family law attorney who understands not just the substantive law governing your case, but the full range of procedural requirements, including the kind of specific, technical rules illustrated in this case, that can significantly affect whether your motions and arguments are properly heard and considered.
Why This Matters for Families in Hillsborough County
If you’re navigating a family law matter in Hillsborough County and considering filing a motion to vacate or another time-sensitive motion, Dunac v. Dunac is an important reminder to work closely with your attorney to ensure every specific procedural requirement, including any obligation to actively secure a hearing, is properly satisfied. Taking this kind of procedural diligence seriously can make a meaningful difference in protecting your ability to have your motion properly heard and considered.
Let a Tampa Divorce Lawyer Handle the Procedural Details of Your Case
Filing a motion is only the first step in getting your case properly heard, and missing a specific procedural requirement, like actually securing a hearing date, can undermine even a well-founded legal argument. The team at The McKinney Law Group understands the full range of procedural requirements governing Florida family law motions, and we’re committed to making sure every necessary step, not just the initial filing, is properly and promptly completed on behalf of our clients.
If you’re searching for a Tampa divorce lawyer who pays careful attention to the procedural details that can make or break your case, we encourage you to reach out for a consultation. Let us help you navigate your family law matter with the diligence and thoroughness your case deserves.
Frequently Asked Questions
1. Is filing a motion enough to get it heard by the court? Not necessarily. As Dunac v. Dunac illustrates, certain motions in Florida family law cases require the filing party to take additional, affirmative steps to actually secure a hearing date, separate from simply submitting the motion itself.
2. What does Florida Family Law Rule of Procedure 12.490(e) require? Based on this case, it requires a party filing certain motions, in this instance a motion to vacate, to take specific action, such as seeking a hearing on the same day the motion is filed, to actually secure a scheduled hearing, rather than simply requesting one.
3. Does including a request for a hearing in my motion’s text satisfy this requirement? Based on the Fourth DCA’s reasoning in Dunac v. Dunac, generally not on its own. The court specifically distinguished between requesting a hearing and taking the affirmative action necessary to actually secure one.
4. What happens if I don’t properly secure a hearing on my motion? As this case demonstrates, failing to comply with the specific procedural requirements for securing a hearing can result in your motion not being properly considered, potentially undermining your ability to obtain the relief you’re seeking, regardless of the underlying merits.
5. Do all motions in Florida family law cases have the same hearing-scheduling requirements? No. Different types of motions can carry different procedural requirements, and it’s important to understand the specific rules that apply to your particular motion, ideally with the help of an experienced family law attorney.
6. What should I do if I’ve already filed a motion to vacate and I’m not sure I properly secured a hearing? Consult with an attorney as soon as possible to evaluate whether you’ve satisfied the applicable procedural requirements, and to understand what options, if any, might still be available if a deadline or requirement was missed.
7. Why do Florida courts enforce these kinds of procedural requirements so strictly? These requirements help keep cases moving forward efficiently and create predictable, consistent rules across Florida’s court system. While strict enforcement can feel harsh in an individual case, it reflects the structural need for clear, enforceable procedural standards.
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.