Opinion
6D23-404
04-08-2024
Sean Rowland, Appellant, v. Aime Rowland, Appellee.
Roy W. Foxall, of Roy W. Foxall, P.A., Fort Myers, for Appellant.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED
Appeal from the Circuit Court for Lee County. Cynthia Pivacek, Judge. Lower Tribunal No. 22-DR-033481
Roy W. Foxall, of Roy W. Foxall, P.A., Fort Myers, for Appellant.
No Appearance for Appellee.
PER CURIAM.
Sean Rowland appeals the final judgment of injunction for protection against domestic violence entered against him and in favor of Aime Rowland after an evidentiary hearing. We review de novo the legal sufficiency of evidence to determine whether it supports entry of a domestic violence injunction. See Fingers v. Fingers, 353 So.3d 1283, 1285 (Fla. 5th DCA 2023) (citing Robinson v. Robinson, 257 So.3d 1187, 1189 (Fla. 5th DCA 2018)). In this case, the trial court concluded that the appellee had reasonable cause to believe that she was in imminent danger of becoming a victim of domestic violence. See § 741.30(6)(a), (b), Fla. Stat. (2021); Leal v. Rodriguez, 220 So.3d 543, 545 (Fla. 3d DCA 2017). Our review of the record and evidentiary hearing transcript does not illustrate a sufficient statutory basis to support this conclusion. Accordingly, we reverse the final judgment and direct the trial court to vacate the injunction.
This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.
REVERSED and REMANDED with instructions.
TRAVER, C.J., and NARDELLA, J., and LAMBERT, B.D., Associate Judge, concur.