EUGENE HARRIS, SR.
v.
RAMONA MIMS

Fla. 5th DCA | 2019-05-17
No. 18-2904
Blackburn, J., Evander, C.J., Cohen, J., Sasso, J.
273 So. 3d 1130 Florida District Court of Appeal, Fifth District (2019)

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Holding

A motion to dissolve an injunction may be refiled in the trial court if based on changed circumstances such as the appellee's death.


Headnotes

[1] A motion to dissolve an injunction may be refiled without prejudice when based on changed circumstances, such as the death of the party in whose favor the injunction was…

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Facts & Procedural History

Appellant Eugene Harris, Sr. sought to dissolve an injunction issued against him. The appellee, Ramona Mims, has since died.…

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Opinion of the Court
Affirmed. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

EUGENE HARRIS, SR.,

Appellant,

v. Case No. 5D18-2904

RAMONA MIMS,

Appellee.

________________________________/

Opinion filed May 17, 2019

Appeal from the Circuit Court for Volusia County, Elizabeth A. Blackburn, Judge.

Eugene Harris, Sr., Daytona Beach, pro se.

No Appearance for Appellee.

PER CURIAM.

We affirm the order denying Appellant's motion to dissolve the injunction, without prejudice to Appellant's ability to file a subsequent motion in the lower court asserting the requisite changed circumstances based on Appellee’s death.

AFFIRMED.

EVANDER, C.J., COHEN and SASSO, JJ., concur.


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