PRENTICE MARTIN, APPELLANT,
v.
JERRY C. HICKEY, APPELLEE

Fla. 3d DCA | 1999-06-16
No. 98-1197
Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.
733 So. 2d 600 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 2 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

After Ms. Martin had obtained a domestic violence restraining order against the appellee he secured the one on appeal against her. While we have some sympathy for the trial judge’s apparent belief that it could 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gill v. Gill, 50 So. 3d 772 (Fla. 2d DCA 2010)
    …ed issuance of a mutual injunction. See § 741.30(l)(i) (providing that “[t]he court is prohibited from issuing mutual orders of protection” unless each party meets the statutory requirements for issuance of an injunction); see also Martin v. Hickey, 733 So. 2d 600 (Fla. 3d DCA 1999) (“While we have some sympathy for the trial judge’s apparent belief that it could do no harm to enter what, in effect, were mutual restraining orders, the one presently under review is not, as required, independently supported by…
  • Mossbrooks v. Advincula, 748 So. 2d 382 (Fla. 3d DCA 2000)
    …PER CURIAM. 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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