Brooks v. Walker-Brooks

Appellant, Harvey C. Brooks, makes two arguments on appeal. First, that the trial court erred in denying his request to change venue. Second, that the trial court erred in awarding $600 in attorneys’ fees to Michael Weinstock, Appellee’s counsel. Because (i) the trial court held an unnoticed hearing at which only Mr. Weinstock appeared, and (ii) the resulting order did not set forth any specific findings regarding the fee award, we reverse.

As to Appellant’s first issue, “[procedural due process requires both fair notice and a real opportunity to be heard before judgment is entered.” Owens v.…