BROWN v. ARMSTRONG (2022)

District Court of Appeal of Florida, Fifth District.

Tishon BROWN, Appellant, v. Ny-Hunta ARMSTRONG, Appellee.

Case No. 5D22-1125

Decided: October 03, 2022

Tishon Brown, Graceville, pro se. No Appearance for Appellee.

Tishon Brown appeals the trial court's summary denial of his motion to modify or dissolve a final judgment of injunction for protection against domestic violence entered in 2010. Because Brown's motion was legally sufficient and alleged a change in circumstances from when the trial court last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. See Brown v. Garcia, 322 So. 3d 782, 782 (Fla. 5th DCA 2021).

We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Brown's motion.

REVERSED and REMANDED, with directions.

PER CURIAM.

LAMBERT, C.J., EISNAUGLE and HARRIS, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network