Brown v. Garcia

Full title: TENAKA RASHAWN BROWN, Appellant, v. BARBARA J. GARCIA, Appellee.

Court: Florida Court of Appeals, Fifth District

Date published: Aug 6, 2021

No. 5D21-635 (Fla. Dist. Ct. App. Aug. 6, 2021)

Opinion

5D21-635

08-06-2021

TENAKA RASHAWN BROWN, Appellant, v. BARBARA J. GARCIA, Appellee.

Tenaka Rashawn Brown, Clarcona, pro se.

TRAVER, J.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Lake County, Michael G. Takac, Judge.

Tenaka Rashawn Brown, Clarcona, pro se.

No Appearance for Appellee.

TRAVER, J.

Tenaka Brown appeals the trial court's denial of her motion to dissolve a final judgment of injunction for protection against repeat violence. Brown alleges a change in circumstances from when the trial court entered and modified the injunction against her. See Reyes v. Reyes, 104 So.3d 1206, 1207 (Fla. 5th DCA 2012). Accordingly, the trial court erred in summarily denying her motion without a hearing. See Raymonvil v. Lewis, 46 So.3d 139, 139-40 (Fla. 5th DCA 2010) (citing Reed v. Reed, 816 So.2d 1246, 1247 (Fla. 5th DCA 2002)). We therefore reverse and remand for the trial court to conduct a properly noticed evidentiary hearing.

REVERSED and REMANDED with INSTRUCTIONS.

EDWARDS and SASSO, JJ., concur