LUCAS CONNOR WHALEN
v.
ESTEFANIA LLONA CHOQUEHUANCA
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Lucas Connor Whalen appeals a final injunction for protection against domestic violence issued by the Miami-Dade Circuit Court. The Third District Court of Appeal reversed the injunction because technical issues prevented the full electronic recording of the evidentiary hearing as required by Florida law, thereby preventing meaningful appellate review of the trial court's findings.
The court reversed the final injunction because the incomplete recording of the evidentiary hearing, particularly the un-recorded testimony from the petitioner, prevented the appellate court from conducting adequate review of the trial court's findings that the petitioner had objectively reasonable cause to believe she was in imminent danger of domestic violence as required by section 741.30(6)(b).
[1] A final injunction for protection against domestic violence must be reversed when technical issues impede the electronic recording of the full evidentiary hearing as requ…
[2] Appellate review of a trial court's conclusion that a party had objectively reasonable cause to believe they were in imminent danger of domestic violence is impeded when…
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Join FLexlaw to unlock all legal intelligence“All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.”
Establishes the statutory requirement for electronic recording of all domestic violence injunction proceedings under section 741.30(6)(h), Florida Statutes.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceEstefania Llona Choquehuanca filed a petition for an injunction for protection against domestic violence without minor children against Lucas Connor W…
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Robert H. Fishback, Jr. (Jacksonville), for appellant. No appearance, for appellee. Before LOGUE, C.J., and GORDO and LOBREE, JJ.
PER CURIAM.
Lucas Connor Whalen challenges a final injunction for protection against domestic violence without minor children. We are constrained to reverse the final injunction because technical issues impeded the electronic recording of the full evidentiary hearing as required by section 741.30(6)(h), Florida Statutes (2023) (“All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration.”). Crucially, the un-recorded portion includes testimony from appellee, Estefania Llona Choquehuanca, who sought the injunction below. Thus, the record on appeal impedes this court from conducting appellate review of the trial court’s conclusion that appellee had objectively reasonable cause to believe she was in imminent danger of becoming the victim of domestic violence under section 741.30(6)(b). See Horn v. Wolfe, 219 So. 3d 971 (Fla. 1st DCA 2017) (reversing injunction against stalking where trial court did not record evidentiary hearing as required by section 784.0485(6)(f), Florida Statutes). This ruling does not preclude appellee from filing another petition for injunction for protection against domestic violence if warranted.
Reversed and remanded with directions to vacate the injunction.