TISHON BROWN vs NY-HUNTA ARMSTRONG
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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.
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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 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.
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