PETER RUSSELL KUGLER, APPELLANT,
v.
ALVIN J. JOOSTEN, APPELLEE
Peter Russell Kugler appeals an order summarily denying his motion to vacate or dissolve a permanent injunction for protection against repeat violence entered in 2003. He alleged that he no longer poses a threat to the petitioner, Alvin J. Joosten, and that the injunction is preventing him from participating in a prison Reality House A.A. program. The trial court erred in denying this legally sufficient motion without affording appellant a meaningful opportunity to be heard. Raymonvil v. Lewis, 46 So.3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So.3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So.3d 238 (Fla. 4th DCA 2010).
REVERSED and REMANDED for further proceedings.
BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.
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McFARR v. Michelle McKEE o/b/o J.M. and J.M., 83 So. 3d 776 (Fla. 5th DCA 2011)…tances had changed. We affirm the trial court’s order insofar as it relates to the fraud allegation. However, due process requires that the trial court afford McFarr a meaningful opportunity to be heard on the remaining claim. See Kugler v. Joosten, 58 So. 3d 323 (Fla. 1st DCA 2011); Raymonvil v. Lewis, 46 So. 3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So. 3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010). [*777] AFFIRMED in part; REVERSED in part; REMANDED for furt…
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Goodwin v. Whitley, 103 So. 3d 932 (Fla. 1st DCA 2012)…thout offering Mr. Goodwin the chance to cross-examine Ms. Whitley, to testify, or to present argument to the court. This was a denial of due process. See, e.g., Ramirez v. Teutsch, — So. 3d -, 2012 WL 1759382 (Fla. 1st DCA 2012); Kugler v. Joosten, 58 So. 3d 323 (Fla. 1st DCA 2011); York v. McCarron, 842 So. 2d 281 (Fla. 1st DCA 2003); McFarr v. McKee, 83 So. 3d 776 (Fla. 5th DCA 2011); Raymonvil v. Lewis, 46 So. 3d 139 (Fla. 5th DCA 2010); Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010). We REVER…
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Peaslee v. Perrine, 202 So. 3d 974 (Fla. 1st DCA 2016)…tt v. Abdo, 167 So. 3d 522, 522 (Fla. 5th DCA 2015); Carrozza v. Stowers, 153 So. 3d 340, 341 (Fla. 2d DCA 2014); Ramirez v. Teutsch, 134 So. 3d 995 (Fla. 1st DCA 2012); Goodwin v. Whitley, 103 So. 3d 932, 932 (Fla. 1st DCA 2012); Kugler v. Joosten, 58 So. 3d 323 (Fla. 1st DCA 2011); Colarusso v. Lupetin, 28 So. 3d 238, 239 (Fla. 4th DCA 2010). “ ‘[D]ue process requires that [the movant] be given [an] opportunity to be heard on his request— ’” Carrozza, 153 So. 3d at 341 (quoting Reed v. Reed, 816 So. 2d 124…
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- Colarusso v. Lupetin, 28 So. 3d 238 (Fla. 4th DCA 2010)
- Elur J. Raymonvil v. Sade Ferrari Lewis, 46 So. 3d 139 (Fla. 5th DCA 2010)
- McCORMICK v. Shannon, 32 So. 3d 787 (Fla. 2d DCA 2010)