Opinion
No. 97-3516
Opinion filed July 17, 1998 JULY TERM 1998
Appeal from the Circuit Court for Orange County, William C. Gridley, Judge.
Robert A. DuChemin of DuChemin Associates, Orlando, for Appellant.
No Appearance for Appellee.
Appellant correctly contends that one business day's notice of the contempt hearing was unreasonable under the circumstances.See Talley v. Fain, 692 So.2d 279 (Fla. 5th DCA 1997) (actual notice of contempt hearing received only two business days prior to hearing insufficient where father lived out-of-state and had sought continuance to obtain attorney); Anderson v. Sun Trust Bank/North, 679 So.2d 307 (Fla. 5th DCA 1996) (four days' notice of out-of-town hearing unreasonable); Matter of Adoption of Baby Jane Doe, 572 So.2d 986 (Fla. 1st DCA 1990) (two days' notice of hearing insufficient).
Although Appellant was not out-of-state, Appellant was unable to secure the aid of his attorney, who was unavailable on such short notice. Appellee obviously knew Appellant was represented by counsel as she had provided notice of her contempt motion to Appellant's attorney. She did not, however, give the attorney notice of the hearing. In the absence of an emergency, the failure to provide Appellant reasonable notice deprived him of due process.
REVERSED and REMANDED.
SHARP, W. and HARRIS, JJ., concur.