Florida District Courts of Appeal, 1991

Foust v. Brown

Foust v. Brown
Florida District Courts of Appeal · Decided March 28, 1991 · Griffin, Harris, Sharp
576 So. 2d 939; 1991 Fla. App. LEXIS 2565; 1991 WL 41022 (Southern Reporter, Second Series)

Foust v. Brown

Opinion of the Court

PER CURIAM.

This is an appeal from an order denying a motion to dissolve an “injunction for protection.” The injunction was issued on February 23, 1989, pursuant to section 39.-4055(l)(a) and (b), Florida Statutes (1989), placing certain restraints on the appellant with regard to his daughter, who is in custody of his divorced wife. In August, 1990 the trial court issued an order dismissing the appellant’s petition for dependency, nunc pro tunc as of February 16, 1989.

Section 39.4055(3)(a), Florida Statutes (1989), provides that.an injunction entered under section 39.4055, Florida Statutes, will expire at the time of the disposition of the petition for detention or dependency. The injunction against the appellant has thus expired, and, for that reason, we reverse the order denying the motion to dissolve the injunction.

REVERSED and REMANDED.

W. SHARP, HARRIS and GRIFFIN, JJ., concur.

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