CHARLES FINN, M.D., APPELLANT,
v.
JENNIFER L. ELLIOTT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed sanctions imposed on independent medical examiner because he was not provided adequate notice of the hearing, requiring only two working days' notice to a nonparty.
Two working days' notice to a nonparty of a sanctions hearing violates Florida Rule of Civil Procedure 1.090(d)'s requirement of notice served a reasonable time before the hearing.
[1] Two working days' notice to a nonparty of a sanctions hearing does not satisfy the requirement of Florida Rule of Civil Procedure 1.090(d) that notice be served a reasona…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDr. Finn, an independent medical examiner in a personal injury case, was served notice of a sanctions hearing on March 6, 2006 at 2:25 p.m. for a hear…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Monetary Sanctions cases and more on FLexlaw
PER CURIAM.
Charles Finn, M.D., appeals from an order imposing monetary sanctions upon him in connection with his participation as an independent medical examiner in a personal injury case. Because Dr. Finn was not properly served with timely notice of the hearing, we reverse. In this case, the notice of hearing on the motion for sanctions was served by process server to Dr. Finn’s office on March 6, 2006, at 2:25 p.m. The hearing was scheduled for March 9, 2006, at 9:15 a.m. This effectively allowed Dr. Finn, a nonparty to the underlying litigation, two working days’ notice to obtain counsel and prepare for the hearing. Florida Rule of Civil Procedure 1.090(d) requires that notice of a hearing be served “a reasonable time before the time specified for the hearing.” Under the facts of this case, we find that two days’ notice to a nonparty to the underlying proceeding was insufficient. Cf. Harreld v. Harreld, 682 So. 2d 635, 636 (Fla. 2d DCA 1996).
Because we conclude that the trial court’s order imposing sanctions upon Dr. Finn must be reversed due to inadequate notice, we decline to comment on the other issues raised in his appeal.
Reversed and remanded for proceedings consistent herewith.
DAVIS and VILLANTI, JJ., and SCHOONOVER, JACK R., Senior Judge, Concur.