Brown v. Armstrong

Full title: Tishon BROWN, Appellant, v. Ny-Hunta ARMSTRONG, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 3, 2022

348 So. 3d 670 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D22-1125

10-03-2022

Tishon BROWN, Appellant, v. Ny-Hunta ARMSTRONG, Appellee.

Tishon Brown, Graceville, pro se. No Appearance for Appellee.

PER CURIAM.

Tishon Brown, Graceville, pro se.

No Appearance for Appellee.

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.