Friday, September 9, 2011

Fifth District Refuses to Substitute Judgment for Trial Court’s In Domestic Violence Petition

In Deale v. Deale the Fifth District Court issued an opinion today affirming the lower court’s refusal to issue an injunction against domestic violence in a case where allegations were made including over 100 phone calls a day and a stolen car.  While the Fifth District agreed with the Appellant that evidence was presented, the lower tribunal was not persuaded, and the Fifth DCA refused to substitute its own judgment for that of the lower court.

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