MIRYAHYA ADILI, APPELLANT,
v.
TERESA ADILI, APPELLEE
Explore caselaw by topic → Browse Ex Parte Injunction cases and more on FLexlaw
PER CURIAM.
The wife filed a petition seeMng an injunction for protection against domestic violence. She obtained an ex parte temporary injunction based upon an allegation that her husband threatened to Mil her if she filed for divorce. She also requested exclusive possession of the parties’ Fort Lauderdale home. The trial court entered a temporary injunction and set a final hearing. The husband contested the injunction, claiming that the wife lived in North Carolina, not Florida, and had not seen the husband for months. Thus, there was no imminent danger to the wife. When the hearing was held, the court heard only from the wife and her wit nesses and ruled in the wife’s favor before allowing the husband to present any witnesses or evidence or even cross-examine the wife’s witnesses. We reverse, because the husband was denied his fundamental due process right to be heard. See Pope v. Pope, 901 So. 2d 352, 353 (Fla. 1st DCA 2005); Miller v. Miller, 691 So. 2d 528, 529 (Fla. 4th DCA 1997). We remand for a new hearing.
STEVENSON, C.J., WARNER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Alisa Smith, 964 So. 2d 217 (Fla. 2d DCA 2007)…ller v. Miller, 691 So. 2d 528, 529 (Fla. 4th DCA 1997)); Samanka v. Brookhouser, 899 So. 2d 1190, 1191 (Fla. 2d DCA 2005) (finding daughter’s due process rights were violated when injunction was modified without a hearing); see also Adili v. Adili, 913 So. 2d 1240, 1241 (Fla. 4th DCA 2005) (reversing an injunction for protection against domestic violence due to the trial court’s failure to allow the husband to present witnesses or evidence). Here, Mr. Smith was denied his right to be heard before the trial co…
-
Kilnapp v. Kilnapp, 140 So. 3d 1051 (Fla. 4th DCA 2014)…605, 607 (Fla. 2d DCA 2011) (“When a court fails to give one party the opportunity to present witnesses or testify on his or her own behalf, the court has violated that party’s fundamental right to procedural due process.”); see also Adili v. Adili 913 So. 2d 1240, 1240-41 (Fla. 4th DCA 2005) (reversing an injunction for protection against domestic violence where the court heard only from the wife and her witnesses and ruled in the wife’s favor before allowing the husband to present any witnesses or evidence)…
Authorities Cited
- Pope v. Pope, 901 So. 2d 352 (Fla. 1st DCA 2005)
- Miller v. Miller, 691 So. 2d 528 (Fla. 4th DCA 1997)