Florida District Courts of Appeal, 2011

Kugler v. Joosten

Kugler v. Joosten
Florida District Courts of Appeal · Decided March 23, 2011 · Benton, Nortwick, Webster
58 So. 3d 323; 2011 Fla. App. LEXIS 3917; 2011 WL 1045114 (Southern Reporter, Third Series)

Kugler v. Joosten

Opinion of the Court

PER CURIAM.

Peter Russell Kugler appeals an order summarily denying his motion to vacate or dissolve a permanent injunction for protection against repeat violence entered in 2003. He alleged that he no longer poses a threat to the petitioner, Alvin J. Joosten, and that the injunction is preventing him from participating in a prison Reality House A.A. program. The trial court erred in denying this legally sufficient motion without affording appellant a meaningful opportunity to be heard. Raymonvil v. Lewis, 46 So.3d 139 (Fla. 5th DCA 2010); McCormick v. Shannon, 32 So.3d 787 (Fla. 2d DCA 2010); Colarusso v. Lupetin, 28 So.3d 238 (Fla. 4th DCA 2010).

REVERSED and REMANDED for further proceedings.

BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.

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