Opinion
No. 1D20-1826
07-20-2021
Darrel Duane CYRUS, Appellant, v. Amanda Blake CYRUS, Appellee.
Darrell Duane Cyrus, pro se, Appellant. Amanda Blake Cyrus, pro se, Appellee.
Darrell Duane Cyrus, pro se, Appellant.
Amanda Blake Cyrus, pro se, Appellee.
B.L. Thomas, J.
Appellant challenges the trial court's denial of his motion to dismiss injunction and his motion for order to return firearms. We affirm.
Appellee filed a "Petition for Injunction for Protection Against Domestic Violence," against Appellant on March 1, 2019. She alleged that Appellant pushed her to the ground and attempted to hit her with a closed fist. The trial court issued a temporary injunction on March 1, 2019. As part of the temporary injunction, Appellant was ordered to surrender his firearms. A permanent injunction was entered on March 13, 2019.
Pursuant to section 790.233(1), Florida Statutes (2020), a person "may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence ..." Thus, while the injunction is in effect, Appellant is unable to recover his firearms.
On March 18, 2020, Appellant filed a motion to dismiss the permanent injunction. He argued it had been over a year since the incident occurred and he had complied with all court orders. Additionally, since the injunction was entered, Appellee had moved to Oak Harbor, Washington, which is approximately 2500 miles from where Appellant resides. Prior to the hearing, Appellant also filed a "Motion to Vacate and Set-Aside the Final Judgment of Injunction for Protection Against Domestic Violence without Minor Children," and a "Motion for Order to Return Firearms." Following a hearing, the trial court denied Appellant's motions.
"Trial courts have ‘broad discretion in granting, denying, dissolving, or modifying injunctions, and unless a clear abuse of discretion is demonstrated, appellate courts will not disturb the trial court's decision.’ " Hobbs v. Hobbs , 290 So. 3d 1092, 1094 (Fla. 1st DCA 2020) (quoting Noe v. Noe , 217 So. 3d 196, 199 (Fla. 1st DCA 2017) (citations omitted)).
Here, Appellant failed to supply a transcript of the hearing on his motion to dismiss. It is Appellant's responsibility to ensure that an adequate record to resolve the issues raised on appeal is provided to the appellate court. Morgan v. Pake , 611 So. 2d 1315, 1316 (Fla. 1st DCA 1993) ; Fla. R. App. P. 9.200(e). Without a transcript of the hearing, this Court is unable to determine whether the trial court committed a clear abuse of discretion by failing to dismiss the injunction.
This Court ordered Appellant to provide the transcript of the hearing, but the Escambia County Clerk of Court sent a "Notice of Inability," stating it was unable to find a record of the transcript. Appellant was provided instructions on preparation of a written transcript in the trial court's temporary injunction order and additional information was available to Appellant on the First Judicial Circuit's website at https://www.firstjudicialcircuit.org/programs-and-services/court-reporting.
AFFIRMED .
Roberts and Long, JJ., concur.