Colson v. Scroggins

This cause is before us on appeal from a final judgment equitably distributing among the various claimants a bond held by the Department of Labor and Employment Security (DLES) as security for workers’ compensation benefits. Appellant contends, inter alia, that the trial court erred in conducting a final hearing without proper notice as required by Florida Rule of Civil Procedure 1.440(c).

On October 3, 1991, Scroggins filed with the court and opposing counsel a notice scheduling final hearing for October 8, 1991.1 The notice was not received by Col-son’s counsel, who did not attend the final…