Tuesday, June 9, 2009

Order Granting Motion to Dismiss Reversed for Lack of Procedural Due Process

In Owens v. Owens (1D08-5169), the trial court granted a motion to dismiss, however, the losing party had not been provided a copy of the motion or notice that the hearing was scheduled to occur.

"Procedural due process requires both fair notice and a real opportunity to be heard before judgment is rendered...We conclude that the procedure utilized below effectively deprived appellant of her basic due process rights. We express no opinion on the underlying merits of this case. The order of dismissal with prejudice is REVERSED, and this case is REMANDED for further proceedings."


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