Summary
reversing and remanding as the trial court should have allowed the appellant to present evidence regarding the initial procurement of the injunction at the hearing
Summary of this case from York v. McCarronOpinion
No. 98-1630
Opinion filed February 17, 1999. JANUARY TERM, 1999
An Appeal from a non-final order from the Circuit Court of Dade County, Maynard Gross, Judge, L.T. No. 97-23832.
Steven N. Abramowitz, for appellant.
Armando Montalvo, for appellee.
Before JORGENSON, GODERICH and SORONDO, JJ.
The husband, Robert Madan, appeals from an order denying his motion to set aside a permanent injunction for protection against domestic violence. We reverse and remand with instructions.
Because section 741.30(6)(b), Florida Statutes (1997), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed the husband to present evidence regarding the initial procurement of the injunction. Without passing on the merits of the motion to dissolve the injunction, we reverse and remand to the trial court with instructions for a renewed hearing.
Reversed and remanded with instructions.