Wednesday, October 10, 2012

First DCA Reverses Injunction

The First District Court of Appeal ruled today in Johns v. Johns, a case in which the Appellant’s adult son was granted an injunction under Florida Statute 741.20 (2011) against the Appellant without the benefit of a full evidentiary hearing.  Instead, the trial court conducted questioning at an informal hearing at which only the Appellee was given an opportunity to present witnesses and testify.  The Appellant was allowed to present some evidence, but was not questioned by the lower court as to the allegations in the petition.  Based on this, and the seriousness of the possible penalties faced by the Appellant, the injunction was reversed with a full evidentiary hearing required on remand.

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