POCOCK v. POCOCK (2020)

District Court of Appeal of Florida, First District.

Thomas POCOCK, Appellant, v. Charles POCOCK as Personal Representative of the Estate of John Pocock; and Christie N. McKinnell, as the Natural Guardian of Minor Children, Audrey E. Pocock and Madeline L. Pocock, Appellees.

No. 1D19-3404

Decided: April 03, 2020

Thomas C. Jennings, III of Repka & Jennings, P.A., Clearwater, for Appellant. David B. Switalski, Tallahassee, for Appellees.

We hold the trial court violated Pocock's due process rights by conducting an evidentiary hearing without providing notice that it was evidentiary in nature. See Jackson v. Leon Cnty. Elections Canvassing Bd., 204 So. 3d 571 (Fla. 1st DCA 2016). We reverse the trial court's order and remand to the trial court to hold a properly noticed hearing.

Reversed and Remanded.

Per Curiam.

Lewis, B.L. Thomas, and Nordby, JJ., concur.

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