Foust v. Brown

District Court of Appeal of Florida

Foust v. Brown

576 So. 2d 939, 1991 Fla. App. LEXIS 2565, 1991 WL 41022

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 1991

DocketNo. 90-2359

StatusPublished

This text of 576 So. 2d 939 (Foust v. Brown) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foust v. Brown, 576 So. 2d 939, 1991 Fla. App. LEXIS 2565, 1991 WL 41022 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

This is an appeal from an order denying a motion to dissolve an “injunction for protection.” The injunction was issued on February 23, 1989, pursuant to section 39.-4055(l)(a) and (b), Florida Statutes (1989), placing certain restraints on the appellant with regard to his daughter, who is in custody of his divorced wife. In August, 1990 the trial court issued an order dismissing the appellant’s petition for dependency, nunc pro tunc as of February 16, 1989.

Section 39.4055(3)(a), Florida Statutes (1989), provides that.an injunction entered under section 39.4055, Florida Statutes, will expire at the time of the disposition of the petition for detention or dependency. The injunction against the appellant has thus expired, and, for that reason, we reverse the order denying the motion to dissolve the injunction.

REVERSED and REMANDED.

W. SHARP, HARRIS and GRIFFIN, JJ., concur.

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PER CURIAM.

This is an appeal from an order denying a motion to dissolve an “injunction for protection.” The injunction was issued on February 23, 1989, pursuant to section 39.-4055(l)(a) and (b), Florida Statutes (1989), placing certain restraints on the appellant with regard to his daughter, who is in custody of his divorced wife. In August, 1990 the trial court issued an order dismissing the appellant’s petition for dependency, nunc pro tunc as of February 16, 1989.

Section 39.4055(3)(a), Florida Statutes (1989), provides that.an injunction entered under section 39.4055, Florida Statutes, will expire at the time of the disposition of the petition for detention or dependency. The injunction against the appellant has thus expired, and, for that reason, we reverse the order denying the motion to dissolve the injunction.

REVERSED and REMANDED.

W. SHARP, HARRIS and GRIFFIN, JJ., concur.

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Bluebook (online)

576 So. 2d 939, 1991 Fla. App. LEXIS 2565, 1991 WL 41022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foust-v-brown-fladistctapp-1991.