JUDY BRAND, ET AL., APPELLANTS,
v.
DEBRA J. ELLIOTT, ON BEHALF OF WENDY LYNN ELLIOTT, APPELLEE
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PER CURIAM.
The final order granting permanent injunctive relief pursuant to section 784.046, Florida Statutes, is reversed because the trial court failed to afford the parties the “full hearing” required by section 784.046(6)(c), Florida Statutes. A “full hearing”, as that term is used in the statute, contemplates an opportunity to be heard which may include the presentation of evidence. See generally Homeopathic Physicians v. Department of Professional Regulation, 487 So. 2d 374 (Fla. 5th DCA 1986); Mike Smith Pontiac v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986). The respondents below attempted to offer evidence but the court essentially announced that it did not have time to conduct an evidentiary hearing. In the absence of a clear stipulation of counsel, argument of counsel alone does not constitute evidence from which the trial court can determine the propriety, vel non, of granting injunctive relief.
REVERSED AND REMANDED.
COBB, COWART and DIAMANTIS, JJ., concur.
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Pena v. Rodriguez, 273 So. 3d 237 (Fla. 3d DCA 2019)…a. 3d DCA 2000) (“In the absence of a clear stipulation of counsel, argument of counsel alone does not constitute evidence from which the trial court can determine the propriety, vel non, of granting injunctive relief.” (quoting Brand v. Elliott, 610 So. 2d 37, 38 (Fla. 5th DCA 1992))); State v. T.A., 528 So. 2d 974, 975 (Fla. 2d DCA 1988) (“[R]epresentations by counsel not made under oath and not subject to cross- examination, absent a stipulation, are not evidence.” (citation omitted)). Accordingly,…
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Spurgiesz v. Lesley J. Graves, 750 So. 2d 771 (Fla. 5th DCA 2000)…les of Procedure. See Segui v. Nester, 745 So. 2d 591 (Fla. 5th DCA 1999) (reversing dismissal of petition for injunction against repeat violence because the trial court dismissed petition without providing an evidentiary hearing); Brand v. Elliott, 610 So. 2d 37 (Fla. 5th DCA 1992) (reversing final order granting permanent injunction because trial court failed to afford the parties a “full hearing” including the opportunity to present evidence). Spurgiesz asked to put on witnesses and present witnesses; the…
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Matrix Sys., Inc. v. Odebrecht Contractors OF Fla., Inc., 753 So. 2d 652 (Fla. 3d DCA 2000)…only proffers from counsel. “In the absence of a clear stipulation of counsel, argument of counsel alone does not constitute evidence from which the trial court can determine the propriety, vel non, of granting injunctive relief.” Brand v. Elliott, 610 So. 2d 37, 38 (Fla. 5th DCA 1992). This maxim holds particularly true in this case, where the allegations were intensely fact-specific and related to complex engineering, construction, and computer software issues. Reversed and remanded for further proceedi…
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- Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89 (Fla. 5th DCA 1986)
- Marvene Gleaves v. Herndon Ambulance Co., 487 So. 2d 374 (Fla. 5th DCA 1986)