SEAN ROWLAND
v.
AIME ROWLAND
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Sean Rowland appealed a final judgment of injunction for protection against domestic violence entered in favor of Aime Rowland after an evidentiary hearing. The Florida District Court of Appeal, Sixth District, reversed the injunction, finding insufficient statutory basis in the evidence to support a finding that the appellee had reasonable cause to believe she was in imminent danger of domestic violence.
The appellate court held that the evidence did not provide a sufficient statutory basis to support the trial court's conclusion that the appellee had reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence. Accordingly, the injunction was reversed and the trial court was directed to vacate it.
“the trial court concluded that the appellee had reasonable cause to believe that she was in imminent danger of becoming a victim of domestic violence”
This states the standard the trial court applied and the conclusion it reached, which the appellate court found unsupported.
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Join FLexlaw to unlock all legal intelligenceFollowing an evidentiary hearing, the trial court entered a final judgment of injunction for protection against domestic violence in favor of Aime Row…
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PER CURIAM.
Sean Rowland appeals the final judgment of injunction for protection against domestic violence entered against him and in favor of Aime Rowland after an evidentiary hearing.1 Fingers, 353 So. 3d 1283, 1285 (Fla. 5th DCA 2023) (citing Robinson v.1 This case was transferred from the Second District Court of Appeal to this Court on January1, 2023.
Robinson, 257 So. 3d 1187, 1189 (Fla. 5th DCA 2018)). In this case, the trial court concluded that the appellee had reasonable cause to believe that she was in imminent danger of becoming a victim of domestic violence. See § 741.30(6)(a), (b), Fla. Stat. (2021); Leal v. Rodriguez, 220 So. 3d 543, 545 (Fla. 3d DCA 2017). Our review of the record and evidentiary hearing transcript does not illustrate a sufficient statutory basis to support this conclusion. Accordingly, we reverse the final judgment and direct the trial court to vacate the injunction.
REVERSED and REMANDED with instructions.
TRAVER, C.J., and NARDELLA, J., and LAMBERT, B.D., Associate Judge, concur. Roy W. Foxall, of Roy W. Foxall, P.A., Fort Myers, for Appellant.
No Appearance for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Iraelio Alcolea Leal v. Orielyn Diaz Rodriguez, 220 So. 3d 543 (Fla. 3d DCA 2017)
- Robinson v. Noemi Robinson, 257 So. 3d 1187 (Fla. 5th DCA 2018)
- Rowland v. Aime Rowland, 353 So. 3d 1283 (Fla. 2d DCA 2024)