OSCAR HECTOR CISNEROS, APPELLANT,
v.
ELIZABETH DUNN CISNEROS, APPELLEE

Fla. 3d DCA | 2001-04-18
No. 3D00-2770
Before GERSTEN, GODERICH, and SHEVIN, JJ.
782 So. 2d 547 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the permanent domestic violence injunction because the appellant was not provided with an opportunity to present his position at the evidentiary hearing. See Semple v. Semple, 763 So. 2d 484 (Fla. 4th DCA 2000); Spurgiesz v. Graves, 750 So. 2d 771 (Fla. 5th DCA 2000). Accordingly, we reinstate the temporary injunction and instruct the trial judge to conduct a full evidentiary hearing in compliance with Florida Family Law Rule of Procedure 12.610(c)(1)(B). The temporary injunction and all written agreements concerning visitation shall remain in effect until such time as the trial court issues its ruling after holding a full evidentiary hearing.

Reversed and remanded with instructions.


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  • Traughber v. Traughber, 941 So. 2d 388 (Fla. 2d DCA 2006)
    …c violence injunction and remand for a new final hearing with reasonable notice to Mr. Traughber. Pending further action by the trial court, we reinstate and continue in force the temporary injunction against Mr. Traughber. See Cisneros v. Cisneros, 782 So. 2d 547, 548 (Fla. 3d DCA 2001). Reversed and remanded with instructions. FULMER, C.J., and BAIRD, W. DOUGLAS, Associate Judge, Concur.…

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