GEORGE HOPP REED, APPELLANT,
v.
JO MARIE REED, APPELLEE
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The court held that the trial court erred in denying a motion to vacate an injunction without a hearing and sufficient time for service.
Appellant filed a motion to vacate a domestic violence injunction while vacationing in Florida. The trial court denied the motion without a hearing sh…
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PETERSON, J.
George Hopp Reed appeals the trial court’s denial of his “Motion to Vacate Final Judgment of Injunction for Protection Against Domestic Violence.” The judgment was entered on December 29, 1998 while Reed and his wife, both New York residents, were vacationing in Florida.
Reed filed his verified motion on June 29, 2001 and the trial court denied the motion on July 2, 2001 without a hearing. This short period did not allow Reed enough time for service of his motion on his wife; nor was there enough time to allow Reed to schedule a hearing on the matter. The 1998 judgment advises that either party to the injunction may ask the court to change or end the injunction at any time. That provision conforms to section 741.30, Florida Statutes, which also prescribes that privilege.
Due process requires that Reed be given the opportunity to be heard on his request and that his motion should not be summarily disposed of within three days after it is filed. We express no opinion on the merits of Reed’s motion.
The order denying the motion to dissolve the injunction is vacated and we remand in order to allow Reed to obtain service of his motion on his wife and to allow him to schedule an evidentiary hearing on the motion.
VACATED; REMANDED.
GRIFFIN and PLEUS, JJ„ concur.
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Cited By (12 total)
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Betterman v. Kukelhan, 977 So. 2d 702 (Fla. 4th DCA 2008)…Florida Statutes (2007), provides for a motion to modify 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…
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Elur J. Raymonvil v. Sade Ferrari Lewis, 46 So. 3d 139 (Fla. 5th DCA 2010)…onvil the opportunity for a hearing. No reasons were given for the denial. The trial court’s summary denial of Ray-monvil’s motion violated due process requirements. See, e.g., Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010); Reed v. Reed, 816 So. 2d 1246 (Fla. 5th DCA 2002). Because Raymonvil’s motion [*140] was legally sufficient, the trial court was required to afford him a meaningful opportunity to be heard. REVERSED and REMANDED for an evidentiary hearing. ORFINGER and LAWSON, JJ., concur.…
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McCORMICK v. Shannon, 32 So. 3d 787 (Fla. 2d DCA 2010)…ue process requires a trial court to give a person moving to vacate an injunction a meaningful opportunity to be heard. Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010); Betterman v. Kukelhan, 977 So. 2d 702 (Fla. 4th DCA 2008); Reed v. Reed, 816 So. 2d 1246 (Fla. 5th DCA 2002); Madan v. Madan, 729 So. 2d 416 (Fla. 3d DCA 1999). Because the trial court erred in summarily denying Mr. McCormick’s motion, we reverse the order on appeal and remand for further proceedings consistent with this opinion. Reve…
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