Thomas Pocock 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
CourtDistrict Court of Appeal of Florida
Date FiledApril 3, 2020
Docket1D19-3404
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3404
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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.
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On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.
April 3, 2020
PER CURIAM.
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 2018). We reverse
the trial court’s order and remand to the trial court to hold a
properly noticed hearing.
REVERSED and REMANDED.
LEWIS, B.L. THOMAS, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Thomas C. Jennings, III of Repka & Jennings, P.A., Clearwater,
for Appellant.
David B. Switalski, Tallahassee, for Appellees.
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