TISHON BROWN vs NY-HUNTA ARMSTRONG

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

TISHON BROWN, Appellant,

v. Case No. 5D22-1125 LT Case No. 2010-DR-000007

NY-HUNTA ARMSTRONG, Appellee.

________________________________/ Opinion filed October 3, 2022

Appeal from the Circuit Court for Flagler County, Christopher A. France, Judge.

Tishon Brown, Graceville, pro se. No Appearance for Appellee.

PER CURIAM.

Tishon Brown appeals the trial court’s summary denial of his motion to modify or dissolve a final judgment of injunction for protection against domestic violence entered in 2010. Because Brown’s motion was legally sufficient and alleged a change in circumstances from when the trial court

2

last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. See Brown v. Garcia, 322 So. 3d 782, 782 (Fla. 5th DCA 2021).

We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Brown’s motion.

REVERSED and REMANDED, with directions.

LAMBERT, C.J., EISNAUGLE and HARRIS, JJ., concur.