ROBERT MADAN, APPELLANT,
v.
IVONNE MADAN, APPELLEE
PER CURIAM.
The husband, Robert Madan, appeals from an order denying his motion to set aside a permanent injunction for protection against domestic violence. We reverse and remand with instructions.
Because section 741.30(6)(b), Florida Statutes (1997), provides that “[ejither party may move at any time to modify or dissolve the injunction,” the trial court should have allowed the husband to present evidence regarding the initial procurement of the injunction. Without passing on the merits of the motion to dissolve the injunction, we reverse and remand to the trial court with instructions for a renewed hearing.
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
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Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010)…atutory text, finding that the trial court should have held an evidentiary hearing to allow the movant to present evidence regarding the initial procurement of the injunction. See York v. McCarron, 842 So. 2d 281 (Fla. 1st DCA 2003); Madan v. Madan, 729 So. 2d 416 (Fla. 3d DCA 1999). Here, the court gave no reasons for its summary denial. Even assuming that appellant was required to allege a change in circumstances in order to state a legally sufficient motion, appellant alleged in his motion that there was…
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Reyes v. Reyes, 104 So. 3d 1206 (Fla. 5th DCA 2012)…atutory text, finding that the trial court should have held an evidentiary hearing to allow the movant to present evidence regarding the initial procurement of the injunction. See York v. McCarron, 842 So. 2d 281 (Fla. 1st DCA 2003); Madan v. Madan, 729 So. 2d 416 (Fla. 3d DCA 1999). Id. at 239. See also Betterman v. Kukelhan, 977 So. 2d 702 (Fla. 4th DCA 2008). We hold that, for a movant to be entitled to obtain relief on a motion to modify or dissolve a domestic violence injunction, the movant must prove a…
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Betterman v. Kukelhan, 977 So. 2d 702 (Fla. 4th DCA 2008)…dify or dissolve an injunction at any time. He argues that Florida case law supports his position that the summary denial of a motion to vacate violates due process requirements. See Reed v. Reed, 816 So. 2d 1246 (Fla. 5th DCA 2002); Madan v. Madan, 729 So. 2d 416 (Fla. 3d DCA 1999). We agree. In Reed, the Fifth District reversed a summary denial of a motion to vacate an injunction three days after the motion had been filed. The court stated that the “short period did not allow ... enough time for ... a hear…
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