TAKIRA T. HINSON
v.
DETRICK L. HUSSEY

Fla. 3d DCA | 2021-02-24
No. 19-1982
317 So. 3d 219 Florida District Court of Appeal, Third District (2021) Positive Treatment

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Holding

A party seeking to dissolve or modify an injunction must demonstrate a change in circumstances such that the scenario underlying the injunction no longer exists and continuation would serve no valid purpose.


Headnotes

[1] To obtain dissolution or modification of an existing injunction, a party must establish a material change in circumstances such that the factual predicate for the origina…

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Key Quotes

“the movant must show 'that there has been a change in circumstances since the injunction was entered' such 'that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.'”

Standard for modifying or dissolving an injunction, cited from Trice v. Trice

Facts & Procedural History

Takira T. Hinson appealed a circuit court decision in Miami-Dade County concerning an injunction issued against Detrick L. Hussey. The appellee failed…

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Opinion of the Court

PER CURIAM. 1 Appellee was precluded from filing an answer brief after failing to heed this Court’s order directing him to file same within a specified period of time. Affirmed. See Trice v. Trice, 267 So. 3d 496, 499 (Fla. 2d DCA 2019) (“[T]he movant must show ‘that there has been a change in circumstances since the injunction was entered’ such ‘that the scenario underlying the injunction no longer exists so that the continuation of the injunction would serve no valid purpose.’” (quoting Spaulding v. Shane, 150 So. 3d 852, 853 (Fla. 2d DCA 2014))); Alkhoury v. Alkhoury, 54 So. 3d 641, 642 (Fla. 1st DCA 2011) (same); Simonik v. Patterson, 752 So. 2d 692, 692–93 (Fla. 3d DCA 2000) (“The trial court has broad discretion in granting, denying, dissolving, or modifying injunctions, and, unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court’s decision.”).


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