CARLOS ENRIQUE KNAPP, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was arrested and charged with violating two conditions of his probation. After a hearing the trial court revoked the probation and sentenced appellant to five years in the state prison.
Appellant urges reversal on the grounds that there was a violation of his due process rights in connection with his probation violation hearing. It is appellant’s contention that he was not given proper and adequate notice of the hearing and that the court erred in denying his motion for a continuance thereby depriving appellant of an opportunity to produce witnesses and otherwise prepare a defense to the charges. We find merit in appellant’s contention and reverse.
Reversed. Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973); Mato v. State, 278 So. 2d 672 (Fla. 3d DCA 1973); Hines v. State, 358 So. 2d 183 (Fla.1978).
Reversed and remanded for further proceedings.
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Hernandez v. Deputy Ward, 437 So. 2d 781 (Fla. 2d DCA 1983)…lar case, then the parties must be given notice. The notice must state the time and place of the hearing and must sufficiently advise the parties of the charge or claim against them. Hinely v. Wilson, 91 Fla. 815, 109 So. 468 (1926); Knapp v. State, 370 So. 2d 38 (Fla. 3d DCA 1979). In the instant case, the trial court denied the appellant’s preliminary injunction and appellee’s notice to dismiss based upon the failure of the parties to appear at the hearing. It is undisputed that neither party received not…
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Pomerance v. Gragg, 517 So. 2d 116 (Fla. 3d DCA 1987)…d 1136, 1138 (Fla. 3d DCA 1985); Peacock v. General Motors Acceptance Corp., 432 So. 2d 142, 146 (Fla. 1st DCA 1983); Howard v. Minnesota Muskies, Inc., 420 So. 2d 652, 653 (Fla. 3d DCA 1982), rev. denied, 430 So. 2d 451 (Fla.1983); Zeccola v. Ezzo, 370 So. 2d 38, 38 (Fla. 3d DCA 1979), cert. denied, 381 So. 2d 771 (Fla.), cert. denied, 447 U.S. 924, 100 S.Ct. 3016, 65 L.Ed.2d 1116 (1980). [*117] The final order of dismissal under review is therefore, in all respects, Affirmed.…
Authorities Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973)
- Hines v. State, 358 So. 2d 183 (Fla. 1978)
- Eddins v. Eddins, 278 So. 2d 672 (Fla. 1st DCA 1973)