Summary
concluding that the "trial court erred by allowing [former wife] to testify, over [former husband’s] objection, about alleged incidents that she did not include in her petition [for domestic violence]"
Summary of this case from Paylan v. StattonOpinion
Case No. 2D18-4938
03-13-2020
Glen M. STANLICK, Appellant, v. Kristi R. STANLICK, Appellee.
Ortavia D. Simon of Simon Law Group, P.A., Windermere, and Kene Henry Anusionwu of The Law Office of K.H.A., LLC, Windermere, for Appellant. Paul E. Perrin of Paul E. Perrin, P.A., Winter Haven, for Appellee.
Ortavia D. Simon of Simon Law Group, P.A., Windermere, and Kene Henry Anusionwu of The Law Office of K.H.A., LLC, Windermere, for Appellant.
Paul E. Perrin of Paul E. Perrin, P.A., Winter Haven, for Appellee.
NORTHCUTT, Judge.
Glen Stanlick appeals an injunction against domestic violence obtained against him by his former wife, Kristi Stanlick. He asserts that the trial court erred by allowing Kristi to testify, over his objection, about alleged incidents that she did not include in her petition. Kristi concedes error on that point, and we agree with her concession. See De Leon v. Collazo, 178 So. 3d 906, 908–09 (Fla. 3d DCA 2015) (holding that it was a due process violation to admit, over objection, evidence of incidents of domestic violence that were not alleged in the petition). Because the vast majority of Kristi's evidence related to unpleaded matters, and because we are not convinced that, standing alone, the facts asserted in the petition would have supported a permanent injunction, we cannot conclude that admitting the improper evidence was harmless. See Petion v. State, 48 So. 3d 726, 737–38 (Fla. 2010) ("[T]he appellate court still must conduct a harmless error analysis to determine whether there is a reasonable possibility that the challenged error affected the final judgment."); De Leon, 178 So. 3d at 909.
We therefore reverse and remand with directions for the trial court to vacate the permanent injunction, reissue the temporary injunction, and conduct a new final hearing, either upon the existing petition or upon any properly amended petition.
Reversed and remanded with instructions.
LUCAS and BADALAMENTI, JJ., Concur.