JOSE A. DIAZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• J.S.L. Constr. Co. v. Eliyahu Levy and Ramona Levy, 994 So. 2d 394 (Fla. 3d DCA 2008)
  …side were able to wait until after the trial [*400] started to establish key pieces of evidence such as what occurred in this case ... (quoting Grau v. Branham, 626 So. 2d 1059, 1061 (Fla. 4th DCA 1993))); S.Z. v. Dep’t of Children & Family Servs., 873 So. 2d 1277, 1277 (Fla. 3d DCA 2004) (concluding that where trial counsel was not provided with a discovery packet until late in the day on Friday and the packet did not contain materials to be presented and relied upon at a Monday hearing, “this turned the hea…
• Reive v. Deutsche Bank Nat'l Tr. Co., 190 So. 3d 93 (Fla. 4th DCA 2015)
  …rprise in fact” in this case and violated Binger v. King Pest Control, 401 So. 2d 1310, 1313-14 (Fla.1981). The failure to give adequate notice of evidence and witnesses constitutes.a due process.violation, S.Z. v. Dep’t of Children & Family Servs., 873 So. 2d 1277, 1277 (Fla. 3d DCA 2004) (delivery of discovery packet the .Friday before a Monday-trial constituted “trial by ambush” and violated the defendant’s due process rights). As the trial court abused its discretion in denying the motion to continue the t…
• HSBC Bank Mortg. Corp. (USA) v. Lees, 201 So. 3d 699 (Fla. 4th DCA 2016)
  …rprise in fact” in this case and violated Binger v. King Pest Control, 401 So. 2d 1310, 1313-14 (Fla.1981). The failure to give adequate notice of evidence and witnesses constitutes a due process violation. S.Z. v. Dep't of Children & Family Servs., 873 So. 2d 1277, 1277 (Fla. 3d DCA 2004) (delivery of discovery packet the Friday before a Monday trial constituted “trial by ambush” and violated the defendant’s due process rights). Id. Similarly, with regard to the instant facts, the bank’s failure to disclose…

Authorities Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. 1984)