Legal Opinion

Johns v. Johns

District Court of Appeal of Florida

Decided October 10, 2012No. 1D11-5586Published

1Opinion of the CourtThomas, J.

Appellant appeals an injunction for protection against domestic violence without minor children, pursuant to section 741.30, Florida Statutes (2011). Appellant’s adult son, Justin Johns, filed a petition for injunction for protection against domestic violence. Because the trial court entered the injunction without first conducting a full evidentiary hearing pursuant to section 741.80 Florida Statutes (2011), Appellant was deprived of her fundamental constitutional right to procedural due process. We therefore reverse and remand for further proceedings.

“Just as the petitioner has the right to…

2Cases cited4 opinions

  1. Ohrn v. WrightDistrict Court of Appeal of Florida · 2007
  2. Achurra v. AchurraDistrict Court of Appeal of Florida · 2012
  3. Furry v. RicklesDistrict Court of Appeal of Florida · 2011
  4. Samanka v. BrookhouserDistrict Court of Appeal of Florida · 2005

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