Florida District Courts of Appeal, 2011

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)

Cases that cite this one

6 later published cases cite this decision.

Richard D. Leija v. Whitney Byrd (Fla. Dist. Ct. App. 2018)
Terry Gaynor v. Meco Gaynor Inod & OBO Octavius B. Thornton (Fla. Dist. Ct. App. 2017)
Wesley Aaron Peaslee v. Vickie Lynn Perrine, individually etc. (Fla. Dist. Ct. App. 2016)
Peaslee v. Perrine (Fla. Dist. Ct. App. 2016)
Goodwin v. Whitley (Fla. Dist. Ct. App. 2012)
McFarr v. McKee Ex Rel. J.M. (Fla. Dist. Ct. App. 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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