KEITH HOYT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-05-09
No. 4D00-4221
WARNER, C.J., GUNTHER and FARMER, JJ., concur.
785 So. 2d 672 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the summary denial of the second and third parts of Appellant’s first ground for relief and of his fourth ground for relief, and remand for the attachment of portions of the record conclusively refuting them or for an evidentiary hearing. We affirm as to all other issues raised.

WARNER, C.J., GUNTHER and FARMER, JJ., concur.


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  • Ekaterina Chizh v. Stanislaw Chizh, 199 So. 3d 1050 (Fla. 4th DCA 2016)
    …PER CURIAM. We reverse the trial court’s order summarily denying without prejudice appellant’s petition for injunction for protection against domestic violence. See Sanchez v. State, 785 So. 2d 672 (Fla, 4th DCA 2001).1 As this Court held fifteen years ago in Sanchez, the trial judge’s summary denial of the petition without a hearing and without providing any explanation as to how the allegations are insufficient is improper. Id. at 677 (expla…
  • Katheryn Curtis v. Curtis, 113 So. 3d 993 (Fla. 5th DCA 2013)
    …t danger of becoming, and had already been, a victim of domestic violence. As such, the trial court erred in denying the wife’s petition without first conducting a hearing. See Gonzales v. Clark, 799 So. 2d 451 (Fla. 5th DCA 2001); Sanchez v. State, 785 So. 2d 672 (Fla. 4th DCA 2001). The trial court also erred in concluding that the husband’s bond conditions were sufficient to fully protect the wife from domestic violence. First, the bond conditions were not the same as the conditions which can be imposed u…
  • Vitale v. Holmes, 229 So. 3d 832 (Fla. 4th DCA 2017)
    …ee, we must reverse. We have held that a court must hold a hearing or specify the . deficiencies leading to a denial of a petition for injunction against domestic violence. Chizh v. Chizh, 199 So. 3d 1050, 1051 (Fla. 4th DCA 2016); Sanchez v. State, 785 So. 2d 672, 677 (Fla. 4th DCA 2001). Here, the Appellant filed á relatively detailed petition asserting five instances of purported cyberstalking/stalking. However, the court neither held- a hearing nor explained the basis for its conclusion that the eleven-pa…

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