Michael Bush v. Wendy Henney

District Court of Appeal of Florida

Michael Bush v. Wendy Henney

175 So. 3d 930, 2015 Fla. App. LEXIS 14927, 2015 WL 5836107

CourtDistrict Court of Appeal of Florida

DecidedOctober 7, 2015

Docket4D14-3557

StatusPublished

Cited by4 cases

This text of 175 So. 3d 930 (Michael Bush v. Wendy Henney) 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

Michael Bush v. Wendy Henney, 175 So. 3d 930, 2015 Fla. App. LEXIS 14927, 2015 WL 5836107 (Fla. Ct. App. 2015).

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Opinion

GROSS, J.

We reverse the denial of appellant’s motion to dissolve a permanent domestic violence injunction after a hearing. The injunction was entered in 2000 and addressed appellant’s contact with appellee and their child. Appellant moved to dissolve the injunction in 2014. In the 14 years the injunction remained in effect, appellant never violated it and never tried to contact appellee. Appellant testified that he has no desire or intention of contacting appellee. The child is now 20 years old. As a result of the injunction, appellant has been detained in airports when traveling overseas.

A party to a domestic violence injunction “may move at any time to modify or dissolve the injunction. No specific allegations are required.” § 741.30, Fla. Stat. (2014). The events which gave rise to this injunction arose during an exchange of the parties’ minor child. “[T]he scenario underlying the injunction no longer exists so that the continuation of the injunction *931 would serve no valid purpose.” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011); see also Colarusso v. Lupetin, 28 So.3d 238, 239 (Fla. 4th DCA 2010).

The case is remanded to the circuit court for the entry of an order dissolving the injunction.

TAYLOR, J„ and SHEPHERD, CAROLINE, Associate Judge, concur.

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GROSS, J.

We reverse the denial of appellant’s motion to dissolve a permanent domestic violence injunction after a hearing. The injunction was entered in 2000 and addressed appellant’s contact with appellee and their child. Appellant moved to dissolve the injunction in 2014. In the 14 years the injunction remained in effect, appellant never violated it and never tried to contact appellee. Appellant testified that he has no desire or intention of contacting appellee. The child is now 20 years old. As a result of the injunction, appellant has been detained in airports when traveling overseas.

A party to a domestic violence injunction “may move at any time to modify or dissolve the injunction. No specific allegations are required.” § 741.30, Fla. Stat. (2014). The events which gave rise to this injunction arose during an exchange of the parties’ minor child. “[T]he scenario underlying the injunction no longer exists so that the continuation of the injunction *931 would serve no valid purpose.” Alkhoury v. Alkhoury, 54 So.3d 641, 642 (Fla. 1st DCA 2011); see also Colarusso v. Lupetin, 28 So.3d 238, 239 (Fla. 4th DCA 2010).

The case is remanded to the circuit court for the entry of an order dissolving the injunction.

TAYLOR, J„ and SHEPHERD, CAROLINE, Associate Judge, concur.

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Bluebook (online)

175 So. 3d 930, 2015 Fla. App. LEXIS 14927, 2015 WL 5836107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-bush-v-wendy-henney-fladistctapp-2015.

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