ALEJANDRO VIDELA v. HITOMI OGINO

• Court: District Court of Appeal of Florida
• Decided: July 5, 2023
• Docket: 22-1147
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 5, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1147 Lower Tribunal No. 19-3115 ________________

Alejandro Videla, Appellant,

vs.

Hitomi Ogino, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jason E. Dimitris, Judge.

Dennis & Dennis, P.A., and J. Robert Dennis, for appellant.

Marro Law, P.A., and Meaghan K. Marro (Plantation), for appellee.

Before FERNANDEZ, HENDON and LOBREE, JJ.

PER CURIAM.

Affirmed. See Jackson v. Echols, 937 So. 2d 1247, 1249 (Fla. 3d DCA 2006) (“The trial court is afforded broad discretion in granting, denying,

dissolving, or modifying injunctions, and unless a clear abuse of discretion is

demonstrated, an appellate court must not disturb the trial court’s decision.”);

Sheehan v. Sheehan, 853 So. 2d 523, 525 (Fla. 5th DCA 2003) (“[I]n order

to obtain an extension of a domestic violence injunction, the moving party

must present evidence from which a trial court can determine that a

continuing fear exists and that such fear is reasonable, based on all the

circumstances.”); Patterson v. Simonik, 709 So. 2d 189, 191 (Fla. 3d DCA

1998) (“In deciding whether to extend the injunction, the trial court may

consider the circumstances leading to the imposition of the original

injunction, as well as subsequent events . . . .”); Malchan v. Howard, 29 So.

3d 453, 454 (Fla. 4th DCA 2010) (stating that in determining whether

petitioner has shown reasonable fear of imminent danger of becoming victim

of domestic violence trial court must consider history of relationship as whole

as well as current behavior).