K.A., THE MOTHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., APPELLEES
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The court held that the trial court did not abuse its discretion in prohibiting the appellant from presenting an unlisted witness at the termination of parental rights hearing.
During an adjudicatory hearing for termination of parental rights, the appellant attempted to call a witness who had not been listed on the witness li…
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On the second day of the adjudicatory hearing on a petition for termination of parental rights, appellant sought to call a witness to testify. However, appellant never listed this witness as required by Florida Rule of Juvenile Procedure 8.245(b)(2)(A) and (b)(3). Further, appellee was unaware of the existence of this witness or appellant’s intent to call this witness at the hearing. Appellee had never spoken with or had an opportunity to depose this witness or to prepare for the proffered testimony.
Appellee objected and asserted that this witness, and the proffered testimony, came as a complete surprise and caused prejudice, as the adjudicatory hearing had already been proceeding for two days, and appellee had no way of anticipating or preparing for this proffered evidence.1 The trial court agreed with appellee and, in the exercise of its discretion, prohibited appellant from presenting this witness at the hearing. We find no abuse of discretion in the trial court’s determination and ruling. See S.S. v. Dep’t of Children & Family Servs., 784 So.2d 479 (Fla. 4th DCA 2001).
Affirmed.
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- S.S. & M.G. v. Dep't of Child. & Fam. Servs., 784 So. 2d 479 (Fla. 4th DCA 2001)