Florida District Courts of Appeal, 2001

Knipf v. Knipf

Knipf v. Knipf
Florida District Courts of Appeal · Decided February 2, 2001 · Ervin, Padovano, Wolf
777 So. 2d 437; 2001 Fla. App. LEXIS 932; 2001 WL 85162 (Southern Reporter, Second Series)

Knipf v. Knipf

Opinion of the Court

PER CURIAM.

Appellant’s request for an injunction against domestic violence was dismissed without any evidence being taken. The only reason given was that there was a pending divorce action between the parties. Dismissal only on that basis constituted error. Section 741.30(l)(b), Florida Statutes (1999), states that a petition for an injunction for protection against domestic violence “may be sought whether or not any other action is presently pending between the parties.” The decision of the trial court is reversed.

ERVIN, WOLF and PADOVANO, JJ., concur.

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