TODD BARFIELD, APPELLANT,
v.
RANEE KAY, APPELLEE
TODD BARFIELD, APPELLANT,
RANEE KAY, APPELLEE
140 So. 3d 703
Florida District Court of Appeal, Fifth District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Todd Barfield appeals the summary denial of his motion to vacate or modify an injunction for protection against repeat violence entered in favor of Ranee Kay. We reverse.
Section 784.046(10), Florida Statutes (2013), allows a court to modify or dissolve an injunction at any time on the motion of an interested party. Likewise, Florida Rule of Family Procedure 12.610(6) allows an injunction to be modified or vacated under specified circumstances. In either event, due process requires that Barfield is entitled to a hearing. See McFarr v. McKee, 83 So.3d 776 (Fla. 5th DCA 2011).
REVERSED and REMANDED for further proceedings.
SAWAYA, ORFINGER and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keegan LEE v. Kierstin Matsuda (Fla. 3d DCA 2020)…with a meaningful opportunity to be heard. See Lotridge v. Lobasso, 101 So. 3d 402, 403 (Fla. 4th DCA 2012) (reversing and remanding for a hearing on appellant’s motion, where he shall have “a meaningful opportunity to be heard.”); Barfield v. Kay, 140 So. 3d 703 (Fla. 5th DCA 2014) (summary denial of a motion to vacate or modify an injunction without a hearing is a violation of respondent’s due process rights); McCormick v. Shannon, 32 So. 3d 787, 788 (Fla. 2d DCA 2010) (“Due process requires a trial court…
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Sheppard v. Barman (Fla. 5th DCA 2025)
Authorities Cited
- McFARR v. Michelle McKEE o/b/o J.M. and J.M., 83 So. 3d 776 (Fla. 5th DCA 2011)