Are you defending a breach of fiduciary duty or breach of trust case in West Palm Beach? Did you know that if the other side brings up allegations not in their pleadings (Complaint, Answer etc.) that you may be able to strike them from the record? Failure to give you notice of certain issues may constitute a denial of your due process rights! Check out this recent case out of the Third District Court of Appeals before you go to your next hearing in West Palm Beach.
Due Process and Notice
- You cannot defend against something if you are not given the time to prepare a defense.
- What does that mean though?
- For one thing you need some time to discuss the matters with your Palm Beach probate attorney but you also need time to gather the evidence and review it.
- For that reason, Parties are obliged to give fair notice of the issues before a Court.
- A trial and/or hearing is not a surprise and the subject matter should not be either.
- This is why notice is so important.
- If you are in the midst of a hearing and new evidence is brought to light, the immediate answer may seem to be just fight it!
- That is not the case.
- You may be able to have that evidence struck from the record.
- This may seem minor to you but it is not, having to argue things without notice may constitute a denial of your rights to due process.
- You may need to appeal to assert those rights.
De Leon v. Collazo
- This was an appeal from a temporary injunction for domestic violence, filed in Miami-Dade County.
- The man was appealing the inclusion of six comments that were not in the woman’s initial petition.
- On appeal the Court noted failure to award the defending party notice of these issues constituted a violation of his due process rights.
- Do you agree?
- Should the truth only be introduced with prior notice?
- If you are involved in a West Palm Beach probate lawsuit this knife cuts both ways.
- Do not expect to win your case using surprise tactics.
- At the same time rest easy knowing that you will be aware of the facts at issue and if you are not, then you may have grounds to appeal.
Want to learn more about this interesting take on due process?
Check out the entire case by clicking here.