TISHON BROWN
v.
NY-HUNTA ARMSTRONG

Fla. 5th DCA | 2022-10-03
No. 22-1125
322 So. 3d 782 Florida District Court of Appeal, Fifth District (2022) Positive Treatment
Also reported at: 348 So. 3d 670
Cited by 3 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

A trial court must hold an evidentiary hearing on a legally sufficient motion to modify or dissolve an injunction for protection against domestic violence when the motion alleges a change in circumstances.


Headnotes

[1] A motion to modify or dissolve an injunction for protection against domestic violence must be heard on the merits through an evidentiary hearing if the motion is legally…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Tishon Brown sought to modify or dissolve a final judgment of injunction for protection against domestic violence that was entered in 2010. The trial …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court

PER CURIAM.

Tishon Brown appeals the trial court’s summary denial of his motion to modify or dissolve a final judgment of injunction for protection against domestic violence entered in 2010. Because Brown’s motion was legally sufficient and alleged a change in circumstances from when the trial court last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. See Brown v. Garcia, 322 So. 3d 782, 782 (Fla. 5th DCA 2021).

We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Brown’s motion. REVERSED and REMANDED, with directions. LAMBERT, C.J., EISNAUGLE and HARRIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tishon Brown v. Ny-Hunta Armstrong, 322 So. 3d 782 (Fla. 5th DCA 2022)
    …cause Brown’s motion was legally sufficient and alleged a change in circumstances from when the trial court last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. See Brown v. Garcia, 322 So. 3d 782, 782 (Fla. 5th DCA 2021). We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Brown’s motion. REVERSED and REMANDED, with directions. LAMBERT, C.J., EISNAUGLE and HARRIS,…
  • Jamison v. Chauntrell Knox (Fla. 5th DCA 2024)

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw