Attorney: “I don’t have to file a motion for every little thing.” Appellate Court: “Oh really?”

The Third District Court of Appeal reversed an order granting supervised visits yesterday because the trial court entered the order without proper notice to the Department. The opinion is surprisingly long for a simple “no notice, reversed” ruling, and the lone footnote may explain why:

1 In light of the statutory obligations and clear case law on the issue of modification of visitation, it was inappropriate of counsel to tell the judge that “I don’t have to file a motion for every little thing,” in response to DCF’s objection that it had not been properly noticed.

The attorney is correct. You don’t have to file a motion and give notice if your opponent doesn’t object.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s