Janet Feldman v. April Callins

189 So. 3d 357, 2016 WL 1696560, 2016 Fla. App. LEXIS 6420

Opinion

PER CURIAM.

An injunction against stalking was issued against Janet Feldman under section 784.0485, Florida Statutes (2015). Feld-man filed a motion to modify or dissolve the injunction alleging, inter alia, changed circumstances. See § 784.0485(10) (a party may move to modify or dissolve an injunction at any time). We find the trial court erred in denying Feldman’s motion without an evidentiary hearing. E.g., Colarusso v. Lupetin, 28 So.3d 238, 239 (Fla. 4th DCA 2010) (stating trial court erred in denying party’s legally sufficient motion to modify or dissolve an injunction without affording party a meaningful opportunity to be heard).

Reversed and remanded for further proceedings.

STEVENSON, GERBER and LEVINE, JJ., concur.