BRIAN ROBERT REILLY
v.
LISA JO REILLY
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A trial court must either conduct a hearing on a petition for injunction for protection against stalking or enter a written order specifying the legal deficiencies in the petition; summary denial without either is improper.
[1] A trial court must either conduct a hearing on a petition for injunction for protection against stalking or enter a written order specifying the legal deficiencies in the…
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Join FLexlaw to unlock all legal intelligence“Upon the filing of a petition, the court shall set a hearing to be held at the earliest possible time. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.”
Florida Family Law Rule of Procedure 12.610(b)(3)(A), cited as the controlling procedural requirement
Appellant filed a petition for injunction for protection against stalking against Lisa Jo Reilly. The trial court summarily denied the petition withou…
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PER CURIAM.
We reverse the trial court’s order summarily denying without prejudice Appellant’s petition for injunction for protection against stalking. We conclude the trial court erred in denying the petition without a hearing and without “noting the legal grounds for denial.” Fla. Fam. L. R. P. 12.610(b)(3)(A) (“Upon the filing of a petition, the court shall set a hearing to be held at the earliest possible time. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.”); see McCaffrey v. Ashley, 265 So. 3d 688, 689 (Fla. 5th DCA 2019) (holding that petitioner was entitled to either an order specifying the deficiencies in her allegations or an evidentiary hearing); Chizh v. Chizh, 199 So. 3d 1050, 1051 (Fla. 4th DCA 2016) (“[T]he trial judge’s summary denial of the petition without a hearing and without providing any explanation as to how the allegations are insufficient is improper.”).
On remand, the trial court shall enter an order specifying how the petition is insufficient or conduct a hearing on the petition as provided for in section 784.0485, Florida Statutes (2020), and Florida Family Law Rule of Procedure 12.610.
REVERSED and REMANDED.
BILBREY, JAY, and NORDBY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ekaterina Chizh v. Stanislaw Chizh, 199 So. 3d 1050 (Fla. 4th DCA 2016)
- McCaffrey v. Ashley, 265 So. 3d 688 (Fla. 5th DCA 2019)