GERARDO L. MARQUEZ
v.
GABRIEL RIVERA
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Appellant Gerardo L. Marquez appealed the trial court's extension of two ex parte temporary injunctions for protection against dating violence and stalking. The Fourth District reversed, holding that the trial court erred in extending the injunctions sua sponte without any showing of good cause as required by statute.
The trial court erred in sua sponte extending the temporary injunctions without any showing of good cause. The court's extensions of the injunctions were therefore reversed and remanded.
[1] A trial court may grant a continuance of an ex parte injunction for protection against dating violence or stalking for good cause shown by any party.
[2] A trial court errs in sua sponte extending a temporary injunction without a showing of good cause by any party.
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Join FLexlaw to unlock all legal intelligence“The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.”
Statutory requirement under section 784.046(6)(c) governing extensions of temporary injunctions for dating violence protection.
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Join FLexlaw to unlock all legal intelligenceTemporary injunctions for protection against dating violence (sought by Martha Rivera) and stalking (sought by Gabriel Rivera) were originally entered…
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PER CURIAM.
In this consolidated appeal1, Gerardo L. Marquez (“Appellant”) appeals two December 29, 2020 orders extending: (1) an ex parte temporary injunction for protection against dating violence entered at the behest of appellee Martha Rivera under section 784.046, Florida Statutes (2020); and (2) an ex parte temporary injunction for protection against stalking entered at the behest of appellee Gabriel Rivera under section 784.0485, Florida Statutes (2020). The temporary injunctions were originally entered against Appellant in January 2020 and subsequently extended several times.
On appeal, Appellant argues that the trial court erred in extending the temporary injunctions where there was no showing of good cause to merit a continuation. See § 784.046(6)(c), Fla. Stat. (2020) (“The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party.”); § 784.0485(5)(c),
Fla. Stat. (2020) (“The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. An injunction shall be extended if necessary to remain in full force and effect during any period of continuance.”). Specifically, he argues that the orders were entered sua sponte, without any allegation or showing of good cause.
We agree and reverse the December 29, 2020 orders extending the injunctions. See Dietz v. Dietz, 127 So. 3d 1279, 1280–81 (Fla. 1st DCA 2013) (trial court erred in sua sponte extending the temporary injunction where neither party asserted good cause for continuing the hearing).
Reversed and remanded.
GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.