TIMOTHY CEELEN, APPELLANT,
v.
CHRISTINA GRANT, APPELLEE

Fla. 2d DCA | 2016-09-16
No. 2D15-1696
CRENSHAW and BADALAMENTI, JJ., Concur.
210 So. 3d 128 Florida District Court of Appeal, Second District (2016) Positive Treatment
Cited by 4 cases

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Synopsis

Timothy Ceelen appealed a permanent injunction against stalking entered against him. The court reversed and remanded because Ceelen was denied procedural due process when the trial court refused to allow him to present evidence and call witnesses in his defense.


Holding

The court reversed the injunction because Ceelen was denied fundamental procedural due process. A full hearing on an injunction against stalking must permit the defendant to present evidence and call witnesses to prove or disprove the allegations.


Headnotes

[1] A permanent injunction against stalking requires a full evidentiary hearing where parties have an opportunity to prove or disprove allegations, present witnesses, and con…

[2] Refusing to admit relevant evidence and witness testimony from a party in a hearing for a permanent injunction violates procedural due process.

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Key Quotes

“the parties must have an opportunity to prove or disprove the allegations made in the complaint. All witnesses should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be permitted.”

Establishes the procedural due process requirements for a full hearing on an injunction.

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Facts & Procedural History

Ceelen and Grant lived together for seven years before breaking up in early 2016. Grant obtained an ex parte temporary injunction and alleged that Cee…

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Opinion of the Court
NORTHCUTT, Judge.

NORTHCUTT, Judge.

Timothy Ceelen appeals an injunction against stalking entered in favor of his former girlfriend, Christina Grant. Ceelen was not afforded procedural due process at the hearing below. Therefore, we reverse the injunction, and we need not address Ceelen’s other complaint.

Ceelen and Grant lived together as a couple for seven years before breaking up in early 2016. Grant petitioned for an injunction against stalking, alleging that Ceelen had forced her out of the home and then proceeded to make over two hundred phone calls and text messages to her and her family. Grant claimed that all of the calls and texts were harassing and threatening rants from Ceelen. She also alleged that Ceelen threatened to kill himself. The circuit court entered an ex parte temporary injunction and then held an eviden-tiary hearing on the petition.

During the hearing, Grant’s testimony was similar to the allegations contained in her petition. Ceelen, in his defense, made repeated attempts to introduce copies of the texts, and he also tried to call a witness. Ceelen proffered that his documents would show that he made the calls and texts out of a well-meaning fear that Grant might relapse into substance abuse. Ceelen also contended that his witness could corroborate his concerns regarding Grant’s alleged substance abuse history. The court refused to admit Ceelen’s evidence, positing that it was irrelevant in light of the sheer number of calls. The court ruled in favor of Grant and entered a permanent injunction. The court later de*129nied Ceelen’s motion for reconsideration, and he timely appealed.

The Florida Criminal Code authorizes circuit courts to issue temporary injunctions against stalking, but it contemplates a “full hearing” before a permanent injunction may be entered. § 784.0485(5)(c), Fla. Stat. (2014). To satisfy procedural due process during a full hearing “the parties must have an opportunity to prove or disprove the allegations made in the complaint. All -witnesses should be sworn, each party should be permitted to call witnesses with relevant information, and cross-examination should be permitted.” Tejeda-Soto v. Raimondi, 968 So.2d 635, 636-37 (Fla. 2d DCA 2007) (quoting Ohrn v. Wright, 963 So.2d 298, 298 (Fla. 5th DCA 2007)).

Here, the circuit court simply refused to allow Ceelen to present evidence in his defense. It is especially troubling that the court threatened Ceelen with jail time when he pressed to fully present his case. We conclude that the court erred by declining to at least entertain Ceelen’s evidence and witness testimony. As a result, Ceelen was not afforded the fundamental due process to which he was entitled, and we must reverse and vacate the injunction. We remand for a full evidentiary hearing to determine whether a new permanent injunction would be appropriate.

Reversed and remanded.

CRENSHAW and BADALAMENTI, JJ., Concur.


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Citator

Cited By

  • Lopez v. Hall, 233 So. 3d 451 (Fla. 2018)
    …section 784.046 is within chapter 784, titled “Assault; Battery; Culpable Negligence.” Indeed, Florida courts have recognized that it is “[t]he Florida Criminal Code” that “authorizes circuit courts to issue temporary injunctions.” Ceelen v. Grant, 210 So. 3d 128, 129 (Fla. 2d DCA 2016) (emphasis added). This placement is logical because obtaining an injunction for protection against repeat violence requires a petitioner to show evidence, of “two incidents of violence or stalking committed by the respondent…
  • Burns v. Jerilyn Bockorick, 220 So. 3d 438 (Fla. 4th DCA 2017)
    …n injunction for protection against stalking.” “The Florida Criminal Code authorizes circuit courts to issue temporary injunctions against stalking, but it contemplates a ‘full hearing' before a permanent injunction may be entered.” Ceelen v. Grant, 210 So. 3d 128, 129 (Fla. 2d DCA 2016) (citing § 784.0485(5)(c)(1)). “In order to be entitled to an injunction for stalking, the petitioner must allege and prove two separate instances of stalking.” David v. Schack, 192 So. 3d 625, 627-28 (Fla. 4th DCA 2016); see…

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