DANIEL CHARLES PHILLIPS, APPELLANT,
v.
SALLIE LAUREL PHILLIPS, APPELLEE
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Florida appellate court reversed and remanded for new hearing because trial court's final order substantially deviated from its oral rulings without explanation and was entered at a hearing the appellant could not attend, creating an appearance of unfairness.
A trial court must conduct a new hearing with both parties present when it enters a final order that substantially deviates from its earlier announced rulings without discussion or explanation.
[1] A trial court must conduct a new hearing with both parties present when it enters a final order substantially deviating from its earlier announced rulings without explana…
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Join FLexlaw to unlock all legal intelligence“it is critical to maintain confidence in our system of justice, that the system not only be fair, but also appear to be fair”
Court emphasizing the importance of procedural fairness and the appearance of fairness in judicial proceedings.
After a final hearing where the trial court orally ruled on the parties' issues, the trial court noticed a reconsideration hearing. The appellant and …
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PER CURIAM.
Reversed and remanded for a new hearing on the merits of all of the parties’ claims challenged on appeal.
Our reversal is predicated upon the perception created in the record that the issues raised by the parties may not have been resolved on their merits because of the procedure invoked by the trial court. After a final hearing at which the trial court orally indicated its rulings on the issues, the appellee noticed a hearing, apparently requested by the trial court, to reconsider the issues. At the hearing, unattended by appellant, or by his counsel due to an out of state accident, the trial court executed a final order, apparently prepared in advance, that substantially deviated from its earlier announced rulings. This was done without discussion of the issues or explanation as to the basis for the changed rulings, other than appellant’s counsel’s absence from the hearing.
We emphasize that it is critical to maintain confidence in our system of justice, that the system not only be fair, but also appear to be fair. Here, there is an appearance of unfairness in the way the proceedings were conducted after the final hearing. We believe that it is necessary for the trial court to conduct another hearing, with both parties’ participation, to properly conclude the matter. Accordingly, we reverse and remand for further proceedings consistent herewith.
ANSTEAD and WARNER, JJ„ and OWEN, WILLIAM C., Jr., Senior Judge, concur.