Sz v. Dept. of Child. & Fam. Servs., 873 So. 2d 1277 (Fla. 3d DCA 2004). · Go Syfert
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Sz v. Dept. of Child. & Fam. Servs., 873 So. 2d 1277 (Fla. 3d DCA 2004). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: HSBC Bank Mortgage Corp. (USA) v. Lees (fladistctapp, 2016-08-31)
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) HSBC Bank Mortgage Corp. (USA) v. Lees
Fla. Dist. Ct. App. · 2016 · confidence medium
S.Z. v. Dep't of Children & Family Servs., 873 So.2d 1277, 1277 (Fla. 3d DCA 2004) (delivery of discovery packet the Friday before a Monday trial constituted “trial by ambush” and violated the defendant’s due process rights).
discussed Cited as authority (rule) Carol Reive v. Deutsche Bank National Trust Company
Fla. Dist. Ct. App. · 2015 · confidence medium
The failure to give adequate notice of evidence and witnesses constitutes.a due process.violation, S.Z. v. Dep’t of Children & Family Servs., 873 So.2d 1277, 1277 (Fla. 3d DCA 2004) (delivery of discovery packet the .Friday before a Monday-trial constituted “trial by ambush” and violated the defendant’s due process rights).
discussed Cited as authority (rule) JSL Const. Co. v. Levy
Fla. Dist. Ct. App. · 2008 · confidence medium
All the discovery rules and the extensive efforts of parties to discover the other party's case would be for naught if one side were able to wait until after the trial *400 started to establish key pieces of evidence such as what occurred in this case...." (quoting Grau v. Branham, 626 So.2d 1059, 1061 (Fla. 4th DCA 1993))); S.Z. v. Dep't of Children & Family Servs., 873 So.2d 1277, 1277 (Fla. 3d DCA 2004) (concluding that where trial counsel was not provided with a discovery packet until late in the day on Friday and the packet did not contain materials to be presented and relied upon at a Mo…
S.Z. and S.M., Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, etc., Appellee.
3D03-1915, 3D03-1742.
District Court of Appeal of Florida, Third District.
Jun 2, 2004.
873 So. 2d 1277
Schwartz, C.J., and Levy, J., and Cobb, Warren H., Senior Judge.
Cited by 4 opinions  |  Published

Joseph M. Albury (Key West), for appellants.

Calianne P. Lantz, for appellee.

Before SCHWARTZ, C.J., and LEVY, J., and COBB, Warren H., Senior Judge.

PER CURIAM.

Appellants S.Z. and S.M., the mother and father of D.M., appeal from an Order of Adjudication and Judgment of Involuntary Termination of Parental Rights. An adjudicatory hearing was held on Monday, June 9, 2003. Appellants' trial counsel was not provided with a discovery packet until late in the day on the Friday before the hearing. That packet did not contain a witness list, many of the filings from the dependency case, or the list of exhibits to be presented and relied upon at the hearing. We agree with appellants that this turned the hearing into a trial by ambush that violated their due process rights. Accordingly, the termination order is reversed and the case remanded for a new hearing.

Reversed and remanded for a new hearing.