JENNIFER A. BARBER
v.
DAVID GHENASSIA
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A predecessor court maintains jurisdiction to extend a final injunction for protection against domestic violence when the appellant timely petitions for extension prior to the injunction's expiration.
[1] A court that issued a final injunction for protection against domestic violence retains jurisdiction to extend the injunction when the petitioner timely files a petition…
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Join FLexlaw to unlock all legal intelligence“As Appellant timely petitioned for an extension of the injunction prior to its expiration, the predecessor court maintained jurisdiction to extend the injunction.”
Court's explanation of why the predecessor court retained jurisdiction
Jennifer Barber obtained a final injunction for protection against domestic violence. Before the injunction expired, Barber timely petitioned for an e…
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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
Case No. 5D19-2197 JENNIFER A. BARBER, Appellant, v. DAVID GHENASSIA, Appellee. ________________________________/ Opinion filed June 26, 2020 Appeal from the Circuit Court for Orange County, Alicia L. Latimore, Judge. Nicholas A. Shannin and Carol B. Shannin, of Shannin Law Firm, P.A., Orlando, for Appellant. Gary S. Israel, of Gary Israel, P.A., Orlando, for Appellee.
PER CURIAM.
Appellant, Jennifer Barber, appeals the order vacating a final injunction for protection against domestic violence. As Appellant timely petitioned for an extension of the injunction prior to its expiration, the predecessor court maintained jurisdiction to extend the injunction. See Ispass v. Ispass, 243 So. 3d 453, 455 (Fla. 5th DCA 2018). Thus, the successor court erred in setting aside the injunction based on its finding that
2 the predecessor court lacked jurisdiction. Accordingly, we reverse the order vacating the final injunction and remand for further proceedings.
REVERSED and REMANDED. ORFINGER, EISNAUGLE, and GROSSHANS, JJ., concur.