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Calvin Elvin Counsil v. Zeida Anderson, 17-4049 (2018)

Court: District Court of Appeal of Florida Number: 17-4049 Visitors: 5
Filed: Dec. 18, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4049 _ CALVIN ELVIN COUNSIL, Appellant, v. ZEIDA ANDERSON, Appellee. _ On appeal from the Circuit Court for Duval County. Tyrie Boyer, Judge. December 18, 2018 PER CURIAM. Appellant seeks review of the order extending a temporary injunction for protection against domestic violence for 90 days. We reverse because there was no factual basis to enter or extend the injunction because, as the trial court orally found, there had been no violen
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4049
                 _____________________________

CALVIN ELVIN COUNSIL,

    Appellant,

    v.

ZEIDA ANDERSON,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Tyrie Boyer, Judge.

                        December 18, 2018


PER CURIAM.

    Appellant seeks review of the order extending a temporary
injunction for protection against domestic violence for 90 days. We
reverse because there was no factual basis to enter or extend the
injunction because, as the trial court orally found, there had been
no violence between the parties. 1 Accordingly, even though the

    1
       Appellant did not challenge the legal basis for extending the
temporary injunction, so we need not decide that issue. However,
for the trial court’s benefit in subsequent cases, we note that
“[s]ection 741.30 ‘does not provide for the issuance of a series of
temporary injunctions in lieu of a permanent injunction.’” Dietz v.
Dietz, 
127 So. 3d 1279
, 1280 (Fla. 1st DCA 2013) (quoting Bacchus
v. Bacchus, 
108 So. 3d 712
, 716 (Fla. 5th DCA 2013)); see also §
injunction has now expired, we remand for entry of an order
vacating the injunction. See Pryor v. Pryor, 
141 So. 3d 1279
, 1280
(Fla. 1st DCA 2014) (explaining that domestic violence injunctions
are an exception to the usual rules of mootness because of the
collateral consequences that flow from such injunctions) (quoting
Rodman v. Rodman, 
48 So. 3d 1022
(Fla. 1st DCA 2010)).

    REVERSED and REMANDED with instructions

LEWIS, WETHERELL, and WOLF, JJ., concur.

                 _____________________________

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


Robert Calvin Rivers, Law Offices of Robert Calvin Rivers,
Jacksonville, for Appellant.

Anadelle Marie Martinez-Mullen, Quigley House, Jacksonville, for
Appellee.




741.30(5)(c), Fla. Stat. (authorizing the extension of a temporary
injunction only when the final hearing is continued for good cause
shown).
                                2

Source:  CourtListener

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