TENAKA RASHAWN BROWN
v.
BARBARA J. GARCIA

Fla. 5th DCA | 2021-08-06
No. 21-0635
Takac, J., Traver, J., Edwards, J., Sasso, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A trial court must conduct a properly noticed evidentiary hearing on a motion to dissolve an injunction for protection against repeat violence when the movant alleges a change in circumstances.


Headnotes

[1] A motion to dissolve an injunction for protection against repeat violence based on alleged changed circumstances requires a properly noticed evidentiary hearing and canno…

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Facts & Procedural History

Tenaka Brown sought to dissolve a final judgment of injunction for protection against repeat violence that had been entered and modified against her. …

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Opinion of the Court
Barbara

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

TENAKA RASHAWN BROWN,

Appellant,

v. Case No. 5D21-635

BARBARA J. GARCIA,

Appellee.

________________________________/

Opinion filed August 6, 2021

Appeal from the Circuit Court for Lake County, Michael G. Takac, Judge.

Tenaka Rashawn Brown, Clarcona, pro se.

No Appearance for Appellee.

TRAVER, J.

Tenaka Brown appeals the trial court’s denial of her motion to dissolve a final judgment of injunction for protection against repeat violence. Brown alleges a change in circumstances from when the trial court entered and modified the injunction against her. See Reyes v. Reyes, 104 So. 3d 1206, 1207 (Fla. 5th DCA 2012). Accordingly, the trial court erred in summarily

REVERSED and REMANDED with INSTRUCTIONS.

EDWARDS and SASSO, JJ., concur.

Footnotes
2 denying her motion without a hearing. See Raymonvil v. Lewis, 46 So. 3d 139, 139–40 (Fla. 5th DCA 2010) (citing Reed v. Reed, 816 So. 2d 1246, 1247 (Fla. 5th DCA 2002)). We therefore reverse and remand for the trial court to conduct a properly noticed evidentiary hearing.

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