KNIPF v. KNIPF (2001)

District Court of Appeal of Florida,First District.

Terri KNIPF, Appellant, v. Stephen KNIPF, Appellee.

No. 1D00-774.

Decided: February 02, 2001

Lynn H. Kish,Three Rivers Legal Services, Inc., Lake City, for appellant. No appearance by appellee.

Appellant's request for an injunction against domestic violence was dismissed without any evidence being taken. The only reason given was that there was a pending divorce action between the parties. Dismissal only on that basis constituted error. Section 741.30(1)(b), Florida Statutes (1999), states that a petition for an injunction for protection against domestic violence “may be sought whether or not any other action is presently pending between the parties.” The decision of the trial court is reversed.

PER CURIAM.

ERVIN, WOLF and PADOVANO, JJ., concur.

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