Elawyers Elawyers
Washington| Change

Richard D. Leija v. Whitney Byrd, 17-1512 (2018)

Court: District Court of Appeal of Florida Number: 17-1512 Visitors: 4
Filed: Jan. 16, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-1512 _ RICHARD D. LEIJA, Appellant, v. WHITNEY BYRD, Appellee. _ On appeal from the Circuit Court for Duval County. John I. Guy, Judge. January 17, 2018 PER CURIAM. Richard Leija appeals from an order summarily denying his motion to dissolve an injunction entered in 1999 for protection against repeat violence. In the motion, Mr. Leija alleged that he had not had contact with the petitioner, Whitney Byrd, in over fifteen years and the inj
More
          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-1512
                  _____________________________

RICHARD D. LEIJA,

    Appellant,

    v.

WHITNEY BYRD,

    Appellee.
                   ___________________________

On appeal from the Circuit Court for Duval County.
John I. Guy, Judge.

                         January 17, 2018


PER CURIAM.

     Richard Leija appeals from an order summarily denying his
motion to dissolve an injunction entered in 1999 for protection
against repeat violence. In the motion, Mr. Leija alleged that he
had not had contact with the petitioner, Whitney Byrd, in over
fifteen years and the injunction was interfering with his ability to
find employment and to participate in a work-release program. We
agree with Mr. Leija that “[t]he trial court erred in denying this
legally sufficient motion without affording appellant a meaningful
opportunity to be heard.” Kugler v. Joosten, 
58 So. 3d 323
, 323 (Fla.
1st DCA 2011); see also Raymonvil v. Lewis, 
46 So. 3d 139
, 139
(Fla. 5th DCA 2010) (finding the motion to be legally sufficient
where the movant “alleged that he had not had contact with the
petitioner, was presently incarcerated, and the injunction was
impacting his ability to participate in a work-release program.”).
    REVERSED and REMANDED for further proceedings.

LEWIS, MAKAR, and OSTERHAUS, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________



Richard D. Leija, pro se.

No appearance for Appellee.




                              2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer