DARREL DUANE CYRUS
v.
AMANDA BLAKE CYRUS
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The appellate court affirmed the trial court's denial of a motion to dismiss a domestic violence injunction. The appellant failed to provide a transcript of the hearing, preventing the court from reviewing whether the trial court abused its discretion.
The appellate court affirmed the trial court's decision because the appellant failed to provide a transcript of the hearing, making it impossible to review the trial court's discretion.
[1] An appellant's failure to provide a transcript of the hearing on a motion to dismiss an injunction prevents appellate review of whether the trial court abused its discret…
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Join FLexlaw to unlock all legal intelligence“Trial courts have ‘broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.’”
This quote establishes the standard of review for injunctions, emphasizing the deference given to trial courts.
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Join FLexlaw to unlock all legal intelligenceAppellee obtained a temporary injunction for protection against domestic violence, which included an order for Appellant to surrender his firearms. A …
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Appellant challenges the trial court’s denial of his motion to dismiss injunction and his motion for order to return firearms. We affirm.
Appellee filed a “Petition for Injunction for Protection Against Domestic Violence,” against Appellant on March1, 2019. She alleged that Appellant pushed her to the ground and attempted to hit her with a closed fist. The trial court issued a temporary injunction on March1, 2019. As part of the temporary injunction,
Appellant was ordered to surrender his firearms. A permanent injunction was entered on March 13, 2019.1
On March 18, 2020, Appellant filed a motion to dismiss the permanent injunction. He argued it had been over a year since the incident occurred and he had complied with all court orders. Additionally, since the injunction was entered, Appellee had moved to Oak Harbor, Washington, which is approximately 2500 miles from where Appellant resides. Prior to the hearing, Appellant also filed a “Motion to Vacate and Set-Aside the Final Judgment of Injunction for Protection Against Domestic Violence without Minor Children,” and a “Motion for Order to Return Firearms.” Following a hearing, the trial court denied Appellant’s motions.
“Trial courts have ‘broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.’” Hobbs v. Hobbs, 290 So. 3d 1092, 1094 (Fla. 1st DCA 2020) (quoting Noe v. Noe, 217 So. 3d 196, 199 (Fla. 1st DCA 2017) (citations omitted)).
Here, Appellant failed to supply a transcript of the hearing on his motion to dismiss. It is Appellant’s responsibility to ensure that an adequate record to resolve the issues raised on appeal is provided to the appellate court. Morgan v. Pake, 611 So. 2d 1315, 1316 (Fla. 1st DCA 1993); Fla. R. App. P. 9.200(e).2 Without a transcript of the hearing, this Court is unable to determine whether the trial court committed a clear abuse of discretion by failing to dismiss the injunction.
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Ditanna v. Edwards, 323 So. 3d 194 (Fla. 4th DCA 2021)…as denied, appellant filed this appeal. “Trial courts have ‘broad discretion in granting . . . injunctions, and unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.’” Hobbs v. Hobbs, 290 So. 3d 1092, 1094 (Fla. 1st DCA 2020) (quoting Noe v. Noe, 217 So. 3d 196, 199 (Fla. 1st DCA 2017)). The standard of review for an injunction for protection against domestic violence is abuse of discretion. Weisberg v. Albert, 123 So. 3d 663, 664 (Fla. 4t…
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Abel B. Garcia v. Soto, 337 So. 3d 355 (Fla. 4th DCA 2022)…ad discretion in granting . . . injunctions, and unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.” DiTanna v. Edwards, 323 So. 3d 194, 200 (Fla. 4th DCA 2021) (quoting Hobbs v. Hobbs, 290 So. 3d 1092, 1094 (Fla. 1st DCA 2020)) (internal quotation marks omitted). “But the question of whether the evidence is legally sufficient to justify imposing an injunction is a question of law” reviewed de novo. Cash v. Gagnon, 306 So. 3d 106, 109 (Fla. 4th…
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Robby Frost v. Wilson (Fla. 2d DCA 2021)…of becoming the victim of another act of dating violence. Thomas did not present any evidence that Alderman had threatened her or had done anything else that would support an objective fear of imminent danger." (citation omitted)); Hobbs v. Hobbs, 290 So. 3d 1092, 1094-95 (Fla. 1st DCA 2020) (holding the fear was not objectively reasonable where the original incident that triggered the injunction was the former husband's physical assault of his then-wife when he caught her in bed with another man "[b]ut [the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- NOE v. Brady Marchant NOE, 217 So. 3d 196 (Fla. 1st DCA 2017)
- Morgan v. Pake, 611 So. 2d 1315 (Fla. 1st DCA 1993)
- Hobbs v. Hobbs, 290 So. 3d 1092 (Fla. 1st DCA 2020)