Legal Opinion

Samanka v. Brookhouser

District Court of Appeal of Florida

Decided April 15, 2005No. 2D04-2603PublishedCited by 5 opinions

1Opinion of the Court

KELLY, Judge.

Sandra Samanka appeals from the Final Judgment of Injunction For Protection Against Domestic Violence which extends and modifies an existing injunction. She argues that the trial court denied her due process by modifying the injunction without a hearing. We agree and reverse.

On April 11, 2002, Rose Marie Brook-houser petitioned the court for a temporary domestic violence injunction against her daughter, Sandra Samanka. The trial court granted the petition the same day and scheduled an evidentiary hearing on the petition. Following that hearing, the trial court entered a permanent…

2Cases cited3 opinions

  1. Patterson v. SimonikDistrict Court of Appeal of Florida · 1998
  2. Brooks v. BarrettDistrict Court of Appeal of Florida · 1997
  3. Mayotte v. MayotteDistrict Court of Appeal of Florida · 2000

3Cited by5 opinions

  1. Smith v. SmithDistrict Court of Appeal of Florida · 2007
  2. Achurra v. AchurraDistrict Court of Appeal of Florida · 2012
  3. Johns v. JohnsDistrict Court of Appeal of Florida · 2012
  4. Porvaznik ex rel. E.M.P. v. Porvaznik ex rel. R.M.P.District Court of Appeal of Florida · 2018
  5. Potchen v. PotchenDistrict Court of Appeal of Florida · 2016

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