DUE PROCESS NOTICE FOR HEARINGS FAILURE TO NOTICE RIGHT TO BE HEARD It is generally accepted law that it is improper for a court to enter any order without a motion and notice giving the parties an opportunity to be heard. “Due process protections prevent a trial court from deciding matters not noticed for hearing and not the subject of appropriate pleadings” Mizrahi v. Mizrahi, 867 So.2d 1211 (Fla. 3rd DCA 2004) and Fickle v. Adkins, 394 So.2d 461 (Fla. 3rd DCA 1981). Entering an order on a matter that is not noticed for hearing is reversible error, according to the Fourth District in the case of Brill v. Brill, 905 So.2d 948 (Fla. 4th DCA 2005), although in that case, the Fourth District found that sufficient facts were not presented by the appellant in the appeal to sustain the claim that was made. The right to be heard includes the right to “introduce evidence at a meaningful time and in a meaningful manner.” Baron v. Baron, 941 So.2d 1233, 1236 (Fla. 2nd DCA 2006), Vollmer v. Key Development Properties, Inc., 966 So.2d 1022 (Fla. 2nd DCA 2007), Brinkley v. County of Flagler, 769 So.2d 468, 472 (Fla. 5th DCA 2000). “General principles of due process prohibit entry of an order affecting the parties’ legal rights before the parties have been given a full opportunity to litigate all factual and legal issues pertaining to those rights.” See Vollmer, 966 So.2d at 1027; Brinkley, 769 So.2d at 472; State of Florida Department of Financial Services as Receiver of First Commercial Insurance Company, v. Branch Banking and Trust Company, 1D 09-6448, 1D 09-6450 (Fla. 1st DCA July 13, 2010).
Posted on: Thu, 11 Jul 2013 16:46:07 +0000
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