SEAN ROWLAND
v.
AIME ROWLAND

Fla. 2d DCA | 2024-04-08
No. 23-0404
Pivacek, J., Traver, C.J., Nardella, J., Lambert, B.D.
353 So. 3d 1283 Florida District Court of Appeal, Second District (2024) Positive Treatment
Cited by 4 cases

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Holding

A domestic violence injunction must be supported by sufficient evidence in the record demonstrating reasonable cause to believe the petitioner was in imminent danger of becoming a victim of domestic violence.


Headnotes

[1] A domestic violence injunction under Florida Statute § 741.30(6)(a), (b) requires evidence supporting a finding of reasonable cause to believe the petitioner was in immin…

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Facts & Procedural History

Sean Rowland was subject to a final judgment of injunction for protection against domestic violence entered by the trial court after an evidentiary he…

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Opinion of the Court

PER CURIAM.

Sean Rowland appeals the final judgment of injunction for protection against domestic violence entered against him and in favor of Aime Rowland after an evidentiary hearing. 1 We review de novo the legal sufficiency of evidence to determine whether it supports entry of a domestic violence injunction. See Fingers v. Fingers, 353 So. 3d 1283, 1285 (Fla. 5th DCA 2023) (citing Robinson v.

1

This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

Robinson, 257 So. 3d 1187, 1189 (Fla. 5th DCA 2018)). In this case, the trial court concluded that the appellee had reasonable cause to believe that she was in imminent danger of becoming a victim of domestic violence. See § 741.30(6)(a), (b), Fla. Stat. (2021); Leal v. Rodriguez, 220 So. 3d 543, 545 (Fla. 3d DCA 2017). Our review of the record and evidentiary hearing transcript does not illustrate a sufficient statutory basis to support this conclusion. Accordingly, we reverse the final judgment and direct the trial court to vacate the injunction.

REVERSED and REMANDED with instructions.

TRAVER, C.J., and NARDELLA, J., and LAMBERT, B.D., Associate Judge, concur.

Roy W. Foxall, of Roy W. Foxall, P.A., Fort Myers, for Appellant. No Appearance for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

2


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rowland v. Aime Rowland, 353 So. 3d 1283 (Fla. 2d DCA 2024)
  • Bechert v. Luciana Surban Bechert o/b/o, 408 So. 3d 17 (Fla. 4th DCA 2025)
  • Rowland v. Aime Rowland (Fla. 6th DCA 2024)
    …domestic violence entered against him and in favor of Aime Rowland after an evidentiary hearing.1 We review de novo the legal sufficiency of evidence to determine whether it supports entry of a domestic violence injunction. See Fingers v. Fingers, 353 So. 3d 1283, 1285 (Fla. 5th DCA 2023) (citing Robinson v. 1 This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023. Robinson, 257 So. 3d 1187, 1189 (Fla. 5th DCA 2018)). In this case, the trial court concluded th…

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