JOSE REGALADO, APPELLANT,
v.
DEBORAH REGALADO, APPELLEE
DANAHY, PAUL W., (Senior) Judge.
The appellant, Jose Regalado, challenges the final judgment of dissolution of marriage entered in this case. He argues that the trial court erred when it set the final hearing without allowing a reasonable time from the service of the notice of hearing. Florida Family Law Rule of Procedure 12.440(a) mandates that “[t]rial shall be set within a reasonable time from the service of the notice for trial.” Here, the notice was served less than ten days prior to the final hearing, and Mr. Regala-do, who was incarcerated at the time, did not appear at the hearing. Under the circumstances, we do not consider this to be a reasonable time. Even though the final judgment appears to be favorable to Mr. Regalado, we are compelled to set aside that judgment and remand with instructions to the trial court to conduct a new hearing. See Broussard v. Broussard, 506 So. 2d 463 (Fla. 2d DCA 1987).
Reversed and remanded.
NORTHCUTT, A.C.J., and DAVIS, J., Concur.
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Conner v. Conner, 800 So. 2d 724 (Fla. 2d DCA 2001)…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…
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Dep't OF Revenue v. Marcovitch, 765 So. 2d 944 (Fla. 5th DCA 2000)…eversible error. Department of Revenue v. Freeman, 762 So. 2d 580 (Fla. 5th DCA 2000)(In post-dissolution proceeding, DOR was not given notice with regard to Freeman’s actions and did not have opportunity to be heard). See also Regalado v. Regalado, 743 So. 2d 625 (Fla. 2d DCA 1999); Bennett v. Ward, 667 So. 2d 378 (Fla. 1st DCA 1995); Lauxmont Farms, Inc. v. Flavin, 514 So. 2d 1133 (Fla. 5th DCA 1987). Accordingly, we reverse the order denying the motion for rehearing and the order abating child support and…
Authorities Cited
- Broussard v. Broussard, 506 So. 2d 463 (Fla. 2d DCA 1987)