In re Wilson

GRAHAM, Judge.

It is undisputed that the order appealed from was entered by the court ex mero motu, without any notice to appellants, and without their having opportunity to appear and be heard.

“Notice and hearing are essential to due process of law under the Fourteenth Amendment to the Constitution of the United States, and Art. 1, § 17 [now Art. 1, § 19], of the state constitution. Accordingly, in order that there be a valid adjudication of a party’s rights, the latter must be given notice of the action and an opportunity to assert his defense, and he must be a party to such proceeding.” 2…