MARK SPURGIESZ, APPELLANT,
v.
LESLEY J. GRAVES, APPELLEE
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THOMPSON, J.
Mark Spurgiesz appeals a permanent Final Judgment of Injunction for Protection Against Domestic Violence against him and in favor of Lesley Graves. Spur-giesz complains that the trial court entered the permanent injunction without affording him a full evidentiary hearing, per Section 741.30(5)(c), Florida Statutes (1997) and Rule 12.610(c)(1)(B) of the Family Law Rules 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 trial court told him to file a motion for rehearing because the allegations in the petition satisfied him that the permanent injunction should be entered.
Appellee concedes that the trial court erred in entering the. permanent injunction.
REVERSED and REMANDED.
W. SHARP, and PETERSON, JJ., concur.
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Fla. Nat'l Org. FOR Women, Inc. v. State, 832 So. 2d 911 (Fla. 1st DCA 2002)…205 (Fla. 1st DCA 1991). Further, a party that “may bé able to allege additional facts to support its cause of action or support another cause of action under a different legal theory” should be allowed to amend a complaint. Obenschain v. Williams, 750 So. 2d 771, 773 (Fla. 1st DCA 2000). Appellants have not abused their privilege to amend, and there is no showing that an amendment would prejudice Appel-lees. The trial court gave Appellants one opportunity to amend the complaint after an answer had been fil…
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Wiley Webb v. Town Council OF Town OF Hilliard, 766 So. 2d 1241 (Fla. 1st DCA 2000)…, injunction, and mandatory relief through a trial de novo. The trial court issued an order summarily denying the motion for rehearing. An order of dismissal with prejudice is an appealable final order. See generally Obenschain v. Williams, et al., 750 So. 2d 771, 772 (Fla. 1st DCA 2000). An abuse of discretion standard of review is applicable to a dismissal with prejudice of a complaint for declaratory judgment. See Obenschain, 750 So. 2d at 773; Florida Public Employees Council v. Department of Children an…
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Henderson v. Henderson, 882 So. 2d 499 (Fla. 1st DCA 2004)…for one thing, no financial affidavit was attached, as required by section 61.30(14), Florida Statutes (2003) — dismissal without leave to amend was not justified. See Owens v. Ridley, 870 So. 2d 886, 887 (Fla. 1st DCA 2004); Obenschain v. Williams, 750 So. 2d 771, 772-73 (Fla. 1st DCA 2000); see also Bator v. Osborne, 799 So. 2d 263, 264 (Fla. 2d DCA 2001) (reversing “without prejudice to Osborne’s filing a proper petition for modification along with the required affidavit, so that the court may properly rec…
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- Brand v. Elliott, 610 So. 2d 37 (Fla. 5th DCA 1992)
- Gustav Kakuk v. State, 745 So. 2d 591 (Fla. 5th DCA 1999)