BYRON WESLEY CONNER, JR., APPELLANT,
v.
SONIA BENNETT CONNER, APPELLEE
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The court held that less than ten days' notice of a modification hearing was insufficient, requiring reversal.
The appellant appealed a modification of a dissolution judgment and a denial of a motion to vacate. He argued he did not receive adequate notice of th…
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BLUE, Chief Judge.
Byron Wesley Conner, Jr., appeals a modification of the final judgment of dissolution of his marriage to Sonia Bennett Conner and a subsequent nonfinal order that denied his motion to vacate the modified judgment. Because Mr. Conner did not receive adequate notice of the modification hearing, we reverse.
There are no hard and fast rules setting the number of days necessary to constitute reasonable notice. Harreld v. Harreld, 682 So. 2d 635, 636 (Fla. 2d DCA 1996). Due process requires actual notice and time to prepare. Id. In Regalado v. Regalado, 743 So. 2d 625 (Fla. 2d DCA 1999), this court reversed based on insufficient notice when an incarcerated party to a dissolution action was given less than ten days’ notice of the final hearing.
In this case, Mr. Conner, who lived out of state, received less than ten days’ notice of the final hearing. We conclude that this was insufficient under the circumstances of this case. We are sympathetic to Mrs. Conner’s efforts to enforce the final judgment against him. The record reflects that Mr. Conner has moved frequently and has failed to honor his obligations, imposed by the final judgment, to Mrs. Conner and their children. The insufficient notice, however, requires that we reverse and remand for the trial court to conduct a new hearing.
Reversed and remanded.
GREEN and SILBERMAN, JJ., Concur.
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Garden v. Garden, 834 So. 2d 190 (Fla. 2d DCA 2002)…635, 636 (Fla. 2d DCA 1996), this court held that “two working days’ notice of a contested final hearing in a dissolution action where the hus [*193] band resides outside the state and is not represented is insufficient.” See also Conner v. Conner, 800 So. 2d 724 (Fla. 2d DCA 2001). On these facts, we conclude that sufficient notice was not afforded Mr. Garden and that he was denied due process. Next, on the record before us we conclude that counsel failed to establish by competent proof the alleged basis f…
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Clark v. Clark, 204 So. 3d 589 (Fla. 1st DCA 2016)…3d 1128 (Fla. 4th DCA 2012) (quot [*593] ing Kosch v. Kosch) 113 So. 2d 547, 550 (Fla.1959)) (“Due process requires that the party against whom relief is sought have ‘reasonable notice which affords an opportunity to be heard.’ ”); Conner v. Conner, 800 So. 2d 724, 725 (Fla. 2d DCA 2001) (citing Harreld v. Harreld, 682 So. 2d 635, 636 (Fla. 2d DCA 1996)) (“Due process requires actual notice and time to prepare.”). It does not matter that the motion was served on the Former Wife’s attorney in November 2015 bec…
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Traughber v. Traughber, 941 So. 2d 388 (Fla. 2d DCA 2006)…ion from Hillsborough County to Pinellas County. We cannot accept this argument. Mr. Traughber was entitled to reasonable notice of the final hearing. The record before us reflects that he was not afforded this essential right. In Conner v. Conner, 800 So. 2d 724, 725 (Fla. 2d DCA 2001), we held that the wife’s less-than-ten-day notice of a dissolution modification hearing was insufficient where the husband lived out of state. In Reynolds v. Reynolds, 187 So. 2d 372, 373 (Fla. 2d DCA 1966), we held that twen…
Authorities Cited
- Harreld v. Harreld, 682 So. 2d 635 (Fla. 2d DCA 1996)
- Regalado v. Regalado, 743 So. 2d 625 (Fla. 2d DCA 1999)