Hernandez v. Silverman

District Court of Appeal of Florida

Hernandez v. Silverman

100 So. 3d 272, 2012 WL 5499976

CourtDistrict Court of Appeal of Florida

DecidedNovember 14, 2012

DocketNo. 4D12-1600

StatusPublished

This text of 100 So. 3d 272 (Hernandez v. Silverman) 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

Hernandez v. Silverman, 100 So. 3d 272, 2012 WL 5499976 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Appellant filed a petition for injunction against domestic violence against appellee, her ex-fiancé. At the scheduled evidentia-ry hearing, the trial court sua sponte decided that the allegations in the petition were insufficient and, without conducting a full evidentiary hearing, denied the petition. We reverse and remand for a full evidentiary hearing. The allegations were pled with sufficient specificity and, depending on the evidence adduced during the evidentiary hearing, could have constituted grounds for an injunction for protection against domestic violence. See §§ 741.28(2), 784.048(2), (l)(a), (l)(d), Fla. Stat. (2011) (defining domestic violence as including stalking, which in turn is defined as including harassment and cyberstalk-ing).

Reversed and remanded.

STEVENSON, GERBER and LEVINE, JJ., concur.

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PER CURIAM.

Appellant filed a petition for injunction against domestic violence against appellee, her ex-fiancé. At the scheduled evidentia-ry hearing, the trial court sua sponte decided that the allegations in the petition were insufficient and, without conducting a full evidentiary hearing, denied the petition. We reverse and remand for a full evidentiary hearing. The allegations were pled with sufficient specificity and, depending on the evidence adduced during the evidentiary hearing, could have constituted grounds for an injunction for protection against domestic violence. See §§ 741.28(2), 784.048(2), (l)(a), (l)(d), Fla. Stat. (2011) (defining domestic violence as including stalking, which in turn is defined as including harassment and cyberstalk-ing).

Reversed and remanded.

STEVENSON, GERBER and LEVINE, JJ., concur.

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Bluebook (online)

100 So. 3d 272, 2012 WL 5499976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-silverman-fladistctapp-2012.