Fort Lauderdale Divorce Lawyer Blog
Injunctions for protection against stalking can impose sweeping restrictions on liberty, housing, and property rights, often on an expedited basis. Florida law, therefore, requires strict adherence to procedural safeguards and jurisdictional rules before such relief may be granted or reviewed on appeal. A recent decision from a Florida court illustrates how due process violations at the trial level can intersect with unforgiving appellate deadlines, ultimately limiting the relief available even when serious errors occur. If you are facing or contesting an injunction for protection in Florida, consulting with a Miami family law attorney can help ensure your rights are protected at every stage.
History of the Case
Allegedly, the plaintiff initiated the litigation by filing a petition seeking an injunction to prevent further violence against a neighbor. The trial court did not enter an ex parte temporary injunction and instead set the matter for a hearing.
It is alleged that both parties appeared at the scheduled hearing without counsel and that the hearing was brief. The record reflected that no sworn testimony was taken from either party during the proceeding.
Reportedly, at the conclusion of the hearing, the trial court entered a temporary injunction for protection against stalking against the original petitioner and in favor of the neighbor, even though the neighbor had not filed any pleading requesting such relief. The injunction characterized the petitioner as a squatter, directed law enforcement to remove the petitioner and any ward from the premises, authorized the opposing party to remove personal property and change locks, and specified that the injunction would remain in effect for five years.
It is reported that the petitioner later filed a motion to terminate or vacate the injunction, which the trial court denied without a hearing. The petitioner then filed a notice of appeal challenging both the entry of the injunction and the denial of the post-judgment motion.
Injunctions for Stalking Under Florida Law
On appeal, the court addressed two distinct issues: its jurisdiction to review the temporary injunction and the merits of the order denying the motion to vacate or terminate that injunction. Courts have an independent obligation to examine jurisdiction, even when the parties do not raise the issue.
The court explained that a notice of appeal must be filed within 30 days of the rendition of a final or nonfinal order to invoke appellate jurisdiction. Although the temporary injunction was entered in violation of due process because it was issued without proper pleadings, notice, or sworn evidence, the notice of appeal challenging that injunction was filed four days late. The untimely filing constituted an irremediable jurisdictional defect, depriving the appellate court of authority to review or correct the erroneous injunction. As a result, that portion of the appeal was dismissed.
The court then turned to the separate appeal of the order denying the motion to terminate or vacate the injunction. Unlike the appeal of the injunction itself, the notice of appeal as to this order was timely. Orders denying motions to vacate injunctions are independently appealable.
However, appellate review requires more than a timely notice. The court emphasized that an appellant must present a developed legal argument supported by authority. Although the petitioner raised substantial arguments demonstrating that the injunction violated due process, the briefing failed to meaningfully address why the trial court erred in denying the post-judgment motion. Conclusory assertions, without legal analysis, are insufficient to preserve an issue for review.
The court further noted that appellate courts do not reframe arguments or act as counsel for self-represented litigants. Because the petitioner did not adequately brief the denial order, the court affirmed that portion of the appeal despite the underlying procedural deficiencies in the injunction process.
Speak With a Skilled Miami Injunction Defense Attorney About Protecting Your Rights
Injunction proceedings move quickly and can carry severe, long-lasting consequences if procedural missteps go unchallenged or appellate deadlines are missed. Whether you are seeking protection, defending against an injunction, or pursuing appellate review, you should speak with an attorney. The skilled Miami family law attorneys at the Law Offices of Sandy T. Fox, P.A. can assess your case and help you seek the best outcome possible. To discuss your situation, call 800-596-0579 or contact the firm online.