Second District Reverses for Denial of Due Process

The Second District Court of Appeal reversed today in Miranda v. Munoz-Ortiz, a case in which the lower tribunal granted sole time-sharing and sole parental responsibility to the Mother.  The Father, in prison, was granted the right to appear at the final hearing via telephone, but alleged that he was denied that right by the Court’s proceeding with the hearing earlier than scheduled, and the prison officials returning him to his dorm instead of allowing him to participate.  The lower tribunal ruled on rehearing that the “limitations and/or restrictions imposed on the Father as a result of his incarceration” were not matters within that court’s jurisdiction.  The Second District reversed on the basis that, at the very least, an evidentiary hearing was required to determine whether the Father had made all efforts within his control to attend the final hearing, as he is still entitled to due process in that action.