Feldman v. Callins

Full title: JANET FELDMAN, Appellant, v. APRIL CALLINS, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 27, 2016

189 So. 3d 357 (Fla. Dist. Ct. App. 2016)

Opinion

No. 4D15–2735.

04-27-2016

Janet FELDMAN, Appellant, v. April CALLINS, Appellee.

Leah H. Mayersohn of Mayersohn Law Group, P.A., Fort Lauderdale, for appellant. No appearance for appellee.

PER CURIAM.

Leah H. Mayersohn of Mayersohn Law Group, P.A., Fort Lauderdale, for appellant.

No appearance for appellee.

Opinion

PER CURIAM.

An injunction against stalking was issued against Janet Feldman under section 784.0485, Florida Statutes (2015). Feldman filed a motion to modify or dissolve the injunction alleging, inter alia, changed circumstances. See § 784.0485(10) (a party may move to modify or dissolve an injunction at any time). We find the trial court erred in denying Feldman's motion without an evidentiary hearing. E.g., Colarusso v. Lupetin, 28 So.3d 238, 239 (Fla. 4th DCA 2010) (stating trial court erred in denying party's legally sufficient motion to modify or dissolve an injunction without affording party a meaningful opportunity to be heard).

Reversed and remanded for further proceedings.

STEVENSON, GERBER and LEVINE, JJ., concur.