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Madan v. Madan

District Court of Appeal of Florida, Third District
Feb 17, 1999
729 So. 2d 416 (Fla. Dist. Ct. App. 1999)

Summary

reversing and remanding as the trial court should have allowed the appellant to present evidence regarding the initial procurement of the injunction at the hearing

Summary of this case from York v. McCarron

Opinion

No. 98-1630

Opinion filed February 17, 1999. JANUARY TERM, 1999

An Appeal from a non-final order from the Circuit Court of Dade County, Maynard Gross, Judge, L.T. No. 97-23832.

Steven N. Abramowitz, for appellant.

Armando Montalvo, for appellee.

Before JORGENSON, GODERICH and SORONDO, JJ.


The husband, Robert Madan, appeals from an order denying his motion to set aside a permanent injunction for protection against domestic violence. We reverse and remand with instructions.

Because section 741.30(6)(b), Florida Statutes (1997), provides that "[e]ither party may move at any time to modify or dissolve the injunction," the trial court should have allowed the husband to present evidence regarding the initial procurement of the injunction. Without passing on the merits of the motion to dissolve the injunction, we reverse and remand to the trial court with instructions for a renewed hearing.

Reversed and remanded with instructions.


Summaries of

Madan v. Madan

District Court of Appeal of Florida, Third District
Feb 17, 1999
729 So. 2d 416 (Fla. Dist. Ct. App. 1999)

reversing and remanding as the trial court should have allowed the appellant to present evidence regarding the initial procurement of the injunction at the hearing

Summary of this case from York v. McCarron

In Madan, the Third District reversed a trial court's summary denial of a motion to set aside a domestic violence injunction.

Summary of this case from Betterman v. Kukelhan
Case details for

Madan v. Madan

Case Details

Full title:ROBERT MADAN, Appellant, v. IVONNE MADAN, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 17, 1999

Citations

729 So. 2d 416 (Fla. Dist. Ct. App. 1999)

Citing Cases

Betterman v. Kukelhan

Here, the former boyfriend argues that section 741.30(6)(c), Florida Statutes (2007), provides for a motion…

York v. McCarron

Without passing on the merits of appellant's motion, we reverse and remand to the trial court with directions…