BROWN v. GARCIA (2021)

District Court of Appeal of Florida, Fifth District.

Tenaka Rashawn BROWN, Appellant, v. Barbara J. GARCIA, Appellee.

Case No. 5D21-635

Decided: August 06, 2021

Tenaka Rashawn Brown, Clarcona, pro se. No Appearance for Appellee.

Tenaka Brown appeals the trial court's denial of her motion to dissolve a final judgment of injunction for protection against repeat violence. Brown alleges a change in circumstances from when the trial court entered and modified the injunction against her. See Reyes v. Reyes, 104 So. 3d 1206, 1207 (Fla. 5th DCA 2012). Accordingly, the trial court erred in summarily denying her motion without a hearing. See Raymonvil v. Lewis, 46 So. 3d 139, 139–40 (Fla. 5th DCA 2010) (citing Reed v. Reed, 816 So. 2d 1246, 1247 (Fla. 5th DCA 2002)). We therefore reverse and remand for the trial court to conduct a properly noticed evidentiary hearing.

REVERSED and REMANDED with INSTRUCTIONS.

TRAVER, J.

EDWARDS and SASSO, JJ., concur.

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