TISHON BROWN
v.
NY-HUNTA ARMSTRONG
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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.
[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…
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Join FLexlaw to unlock all legal intelligenceTishon Brown sought to modify or dissolve a final judgment of injunction for protection against domestic violence that was entered in 2010. The trial …
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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.
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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,…
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Authorities Cited
- Tishon Brown v. Ny-Hunta Armstrong, 322 So. 3d 782 (Fla. 5th DCA 2022)