In Barfied v. Kay, 39 FLW D1254a (Fla. 5th DCA) in case No. 5D14-716 in an opinion filed June 13, 2014, Mr. Barfield appealed from a non-final order summarily denying his motion to vacate or modify a petition for injunction for protection against repeat violence entered in favor of Rance Kaye. The DCA reversed in a very short opinion explaining that due process mandated a hearing on his motion
Full opinion follows:.
(PER CURIAM.) Todd Barfield appeals the summary denial of his motion to vacate or modify an injunction for protection against repeat violence entered in favor of Rance Kay. We reverse.
Section 784.046(10), Florida Statutes (2013), allows a court to modify or dissolve an injunction at any time on the motion of an interested party. Likewise, Florida Rule of Family Procedure 12.610(6) allows an injunction to be modified or vacated under specified circumstances. In either event, due process requires that Barfield is entitled to a hearing. See McFarr v. McKee, 83 So. 3d 776 (Fla. 5th DCA 2011).
REVERSED and REMANDED for further proceedings. (SAWAYA, ORFINGER and COHEN, JJ., concur.)
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