REILLY v. REILLY (2021)

District Court of Appeal of Florida, First District.

Brian Robert REILLY, Appellant, v. Lisa Jo REILLY, Appellee.

No. 1D20-2756

Decided: October 13, 2021

Jerry L. Rumph and Jennifer Sweeting, Sweeting & Rumph, P.A., Tallahassee, for Appellant. No appearance for Appellee.

We reverse the trial court's order summarily denying without prejudice Appellant's petition for injunction for protection against stalking. We conclude the trial court erred in denying the petition without a hearing and without “noting the legal grounds for denial.” Fla. Fam. L. R. P. 12.610(b)(3)(A) (“Upon the filing of a petition, the court shall set a hearing to be held at the earliest possible time. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial.”); see McCaffrey v. Ashley, 265 So. 3d 688, 689 (Fla. 5th DCA 2019) (holding that petitioner was entitled to either an order specifying the deficiencies in her allegations or an evidentiary hearing); Chizh v. Chizh, 199 So. 3d 1050, 1051 (Fla. 4th DCA 2016) (“[T]he trial judge's summary denial of the petition without a hearing and without providing any explanation as to how the allegations are insufficient is improper.”).

On remand, the trial court shall enter an order specifying how the petition is insufficient or conduct a hearing on the petition as provided for in section 784.0485, Florida Statutes (2020), and Florida Family Law Rule of Procedure 12.610.

Reversed and Remanded.

Per Curiam.

Bilbrey, Jay, and Nordby, JJ., concur.

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