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BROWN v. ARMSTRONG (2022)

District Court of Appeal of Florida, Fifth District.2022-10-03No. Case No. 5D22-1125

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Opinion

Tishon Brown appeals the trial courts summary denial of his motion to modify or dissolve a final judgment of injunction for protection against domestic violence entered in 2010. Because Browns motion was legally sufficient and alleged a change in circumstances from when the trial court last addressed the injunction, we conclude that the trial court erred in denying his present motion without a hearing. See Brown v. Garcia, 322 So. 3d 782, 782 (Fla. 5th DCA 2021). We therefore reverse the order under review and remand for the trial court to conduct a properly noticed evidentiary hearing on Browns motion.

REVERSED and REMANDED, with directions.

PER CURIAM.

LAMBERT, C.J., EISNAUGLE and HARRIS, JJ., concur.