Kugler v. Joosten

District Court of Appeal of Florida

Kugler v. Joosten

58 So. 3d 323, 2011 Fla. App. LEXIS 3917, 2011 WL 1045114

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2011

DocketNo. 1D10-2408

StatusPublished

Cited by6 cases

This text of 58 So. 3d 323 (Kugler v. Joosten) 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.

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Kugler v. Joosten, 58 So. 3d 323, 2011 Fla. App. LEXIS 3917, 2011 WL 1045114 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Peter Russell Kugler appeals an order summarily denying his motion to vacate or dissolve a permanent injunction for protection against repeat violence entered in 2003. He alleged that he no longer poses a threat to the petitioner, Alvin J. Joosten, and that the injunction is preventing him from participating in a prison Reality House A.A. program. The trial court erred in denying this legally sufficient motion without affording appellant a meaningful opportunity to be heard. Raymonvil v. Lewis, 46 So.3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So.3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So.3d 238 (Fla. 4th DCA 2010).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Peter Russell Kugler appeals an order summarily denying his motion to vacate or dissolve a permanent injunction for protection against repeat violence entered in 2003. He alleged that he no longer poses a threat to the petitioner, Alvin J. Joosten, and that the injunction is preventing him from participating in a prison Reality House A.A. program. The trial court erred in denying this legally sufficient motion without affording appellant a meaningful opportunity to be heard. Raymonvil v. Lewis, 46 So.3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So.3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So.3d 238 (Fla. 4th DCA 2010).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.

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Bluebook (online)

58 So. 3d 323, 2011 Fla. App. LEXIS 3917, 2011 WL 1045114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kugler-v-joosten-fladistctapp-2011.

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