K.A. v. Department of Children & Families

On the second day of the adjudicatory hearing on a petition for termination of parental rights, appellant sought to call a witness to testify. However, appellant never listed this witness as required by Florida Rule of Juvenile Procedure 8.245(b)(2)(A) and (b)(3). Further, appellee was unaware of the existence of this witness or appellant’s intent to call this witness at the hearing. Appellee had never spoken with or had an opportunity to depose this witness or to prepare for the proffered testimony.

Appellee objected and asserted that this witness, and the proffered testimony, came as a…