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concluding that circuit court erred in denying appellant's motion to dissolve an injunction without allowing her to present evidence at the hearing
Summary of this case from Buchan v. HibbardOpinion
Case No. 1D02-4512.
Opinion filed April 16, 2003.
An appeal from an order of the Circuit Court for Leon County. John E. Crusoe, Judge.
Jessica Joan York, pro se, Tallahassee, for Appellant.
Keith Michael McCarron and Jessica Anne McCarron, pro se, Tallahassee, for Appellees.
Appellant, Jennifer Joan York, seeks review of an order denying her motion to dissolve a permanent injunction against repeat violence. We reverse and remand with directions. Because section 784.046(7)(c), Florida Statutes (2000), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed appellant to present evidence regarding the initial procurement of the injunction at a hearing. Without passing on the merits of appellant's motion, we reverse and remand to the trial court with directions to conduct a hearing on appellant's motion. See Madan v. Madan, 729 So.2d 416, 416 (Fla. 3d DCA 1999) (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).
REVERSED and REMANDED with directions.
VAN NORTWICK, LEWIS and HAWKES, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED