Background
Bradley Baird sued his former employer, Art Daniels, d.b.a. Art Daniels Pool Service, for wrongful termination. Daniels counterclaimed, alleging that Baird owed money on a loan and for expenses related to a company vehicle and cell phone. Baird did not answer the counterclaim.
After Baird sought a new trial following an earlier hearing, a magistrate granted the request. A February 13, 2026 entry set the new trial for February 18, but the record did not show that the entry was served on Baird. Baird did not appear, and the magistrate ruled for Daniels on both claims and awarded Daniels $1,619.50. Baird moved to set aside the order, submitting an affidavit that he had not received notice of the trial date; the trial court denied the motion and adopted the magistrate’s decision.
The Court’s Holding
The First District reversed and remanded. Due process requires reasonable notice of a trial date, which may be actual or constructive, but Baird received neither adequate actual notice nor adequate constructive notice here.
The January 29 entry granting a new trial contained no new trial date, and the record did not establish service of the February 13 entry that set the February 18 trial. Posting the setting on the public docket only five days before trial—including a weekend—did not provide sufficient constructive notice. Baird’s sworn statement that he did not know about the trial date also rebutted any presumption of constructive notice.
Key Takeaways
- A court must provide parties reasonable notice of a trial date consistent with due process.
- A short-lived docket entry alone may not establish constructive notice of a trial setting.
- A sworn denial of receipt of notice can rebut a presumption of constructive notice.
Why It Matters
The decision confirms that litigants must have a meaningful opportunity to learn of and attend a scheduled trial. A party’s general duty to monitor a case does not require checking the public docket every day, particularly where a trial is set only days after the setting is docketed.