AIMEE DELGADO
v.
CHRISTIAN DELGADO ORTIZ
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A trial court's denial of a domestic violence injunction petition is affirmed when competent, substantial evidence supports the finding that the petitioner failed to demonstrate reasonable cause to believe she was in imminent danger of becoming a victim of domestic violence.
[1] A trial court's ruling on a petition for a domestic violence injunction is reviewed for abuse of discretion, with appellate focus on whether the determination is supporte…
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Join FLexlaw to unlock all legal intelligence“although an appellate court might have reached a different conclusion had it been the initial arbitrator of the factual issues, if a review of the record reflects competent, substantial evidence supporting the findings of the chancellor, the judgment should be affirmed.”
Court explaining the standard of review for trial court factual determinations in domestic violence injunction cases
Aimee Delgado petitioned for a domestic violence injunction against her husband, Christian Delgado Ortiz. The trial court denied the petition, finding…
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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
AIMEE DELGADO, Appellant, v. Case No. 5D20-2132 LT Case No. 2020-DR-2899 CHRISTIAN DELGADO ORTIZ, Appellee. ________________________________/ Opinion filed October 1, 2021 Appeal from the Circuit Court for Seminole County, Jessica J. Recksiedler, Judge. Lindsay R. Fisher, of Jones Day, Washington, and Jason T. Burnette, of Jones Day, Atlanta, for Appellant. No Appearance for Appellee.
NARDELLA, J.
Aimee Delgado (“Appellant”) appeals the trial court’s final order denying her petition for a domestic violence injunction against her husband, Christian Delgado Ortiz (“Appellee”). Because there was competent, substantial evidence to support the trial court’s ruling in this case, we affirm.
2 A trial court’s ruling on a petition for a domestic violence injunction is reviewed for abuse of discretion. Boucher v. Warren, 291 So. 3d 597, 600 (Fla. 4th DCA 2020); Pickett v. Copeland, 236 So. 3d 1142, 1143–44 (Fla. 1st DCA 2018). In conducting this review, this Court focuses on whether the trial court’s determination is supported by competent, substantial evidence, with a focus on the legal sufficiency as opposed to the evidentiary weight. Boucher, 291 So. 3d at 600–01; Quinones-Dones v. Mascola, 290 So. 3d 1029, 1030 (Fla. 5th DCA 2020). Here, the trial court found Appellant failed to demonstrate that she had “reasonable cause to believe . . . she [was] in imminent danger of becoming the victim of any act of domestic violence[.]” § 741.30(1)(a), Fla. Stat. (2020). While the evidence was conflicting, we conclude there was competent, substantial evidence to support the trial court’s determination. As a result, we are bound to affirm. See Greenwood v. Oates, 251 So. 2d 665, 669 (Fla. 1971) (“[A]lthough an appellate court might have reached a different conclusion had it been the initial arbitrator of the factual issues, if a review of the record reflects competent, substantial evidence supporting the findings of the chancellor, the judgment should be affirmed.”).
AFFIRMED.
SASSO, J., concurs. EDWARDS, J., dissents, with opinion.
3 Case No. 5D20-2132 LT Case No. 2020-DR-2899 EDWARDS, J., dissenting. Given the evidence in this case, it is my opinion that the trial court abused its discretion in denying the injunction. See Boucher v. Warren, 291 So. 3d 597 (Fla. 4th DCA 2020). Accordingly, I respectfully dissent.