Opinion
No. 4D04-1032.
January 26, 2005.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. Case No. 98-12376(13).
Robert Rivas, Spencer M. Sax and Ronna Friedman Young, of Sachs, Sax Klein, Boca Raton, for appellant.
Mark S. Mucci of Benson, Mucci Associates, LLP., Fort Lauderdale, for appellee.
Reversed. The entry of a final judgment was error because no notice of trial was properly given. A notice of hearing merely stating that an "evidentiary hearing" will be held is, without more, insufficient to give proper notice to a party that a full trial on the merits of all issues in the case will be held at the specified time. We also reject the argument that the record demonstrates with adequate clarity a waiver of the notice issue by acquiescence in the trial court's insistence that counsel present her case.
SHAHOOD and TAYLOR, JJ., concur.