BONNIE HIXSON, APPELLANT,
v.
DAVID HIXSON AND HIXSON, MARIN, POWELL & DESANCTIS, P.A., A FLORIDA CORPORATION, APPELLEES

Fla. 4th DCA | 1997-09-03
No. 97-0665
GLICKSTEIN, GUNTHER and WARNER, JJ., concur.
698 So. 2d 639 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is a non-final appeal from a trial court’s order dissolving an ex-parte temporary injunction. Within the order dissolving the ex-parte temporary injunction the trial court imposed on the parties a mutual order of protection. We affirm the order dissolving the injunction, but remand the case for the trial court to delete all language associated with the mutual order of protection or mutual restraining order. Florida Statute section 741.30(l)(h) (1995) prohibits courts from issuing mutual orders of protection. We note however that subsection (h) expressly provides that the prohibition does not preclude the court from issuing separate injunctions for protection against domestic violence where each party has complied with the provisions of the section. Ap-pellee did not seek such injunctive relief. This case is remanded accordingly.

GLICKSTEIN, GUNTHER and WARNER, JJ., concur.


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Citator

Cited By

  • Prentice Martin v. Hickey, 733 So. 2d 600 (Fla. 3d DCA 1999)
    …ould do no harm to enter what, in effect, were mutual restraining orders, the one presently under review is not, as required, independently supported by the pertinent evidentiary requirements, see § 741.30(l)(i), Fla. Stat. (1997); Hixson v. Hixson, 698 So. 2d 639 (Fla. 4th DCA 1997), and is therefore Reversed.…
  • Mossbrooks v. Advincula, 748 So. 2d 382 (Fla. 3d DCA 2000)
    …Upon the holding that the evidence presented of alleged prior acts of violence was insufficient as a matter of law, see Anderson v. McGuffey, 746 So. 2d 1257 (Fla. 1st DCA 2000); Martin v. Hickey, 733 So. 2d 600 (Fla. 3d DCA 1999); Hixson v. Hixson, 698 So. 2d 639 (Fla. 4th DCA 1997), the injunction against domestic violence purportedly entered pursuant to section 784.046, Florida Statutes (1997), is reversed with directions to dismiss the proceedings below.…

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