Potchen v. Potchen
District Court of Appeal of Florida
1Per curiam
In this domestic violence injunction case, Robert Potchen appeals an order modifying a permanent injunction to allow his wife to enter the marital home and retrieve her possessions. Although the order seems appropriate, Appellant is correct that he was denied due process when the lower court failed to act on his request to appear by telephone from prison. See, e.g., Garrett v. Pratt, 128 So.3d 928, 928 (Fla. 5th DCA 2013) (“An incarcerated party has a right to be heard in civil matters if the party has brought to the court’s attention his or her desire to appear personally or…
2Cases cited4 opinions
- Johnson v. JohnsonDistrict Court of Appeal of Florida · 2008
- Johnson v. JohnsonDistrict Court of Appeal of Florida · 2001
- Samanka v. BrookhouserDistrict Court of Appeal of Florida · 2005
- Garrett v. PrattDistrict Court of Appeal of Florida · 2013