MARIS MARIE GEIGER, APPELLANT,
v.
JASON WILLIAM SCHRADER, APPELLEE

Fla. 1st DCA | 2006-03-27
No. 1D05-2921
KAHN, C.J., LEWIS and POLSTON, JJ., concur.
926 So. 2d 432 Florida District Court of Appeal, First District (2006) Positive Treatment
Cited by 4 cases
Topics
Domestic Violence Injunction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant appeals the trial court’s amended order of injunction for protection against domestic violence with minor child, modifying a visitation schedule for appellee with the parties’ minor child. However, the injunction expired on November 2, 2005, and therefore is no longer in effect. Accordingly, this appeal is dismissed. See Hunt v. Hunt, 713 So. 2d 1117 (Fla. 1st DCA 1998) (dismissing an appeal to dissolve a domestic violence injunction which had already expired).

Appellee has also filed a cross appeal, alleging that the trial court erred in declining to award attorney’s fees against appellant in the injunction order. However, because there is no provision for an award of attorney’s fees in a section 741.30, Florida Statutes, proceeding, this cross appeal is without merit. See Lewis v. Lewis, 689 So. 2d 1271 (Fla. 1st DCA 1997) (denying an award of attorney’s fees in a section 741.30, Florida Statutes, proceeding).

AFFIRMED.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hall v. Lopez, 213 So. 3d 1003 (Fla. 1st DCA 2016)
    …domestic violence, § 741.30, Fla. Stat. (2011), does not provide for an award of attorney’s fees”) (citing Baumgartner v. Baumgartner, 693 So. 2d 84 (Fla. 2d DCA 1997), and Belmont v. Belmont, 761 So. 2d 406 (Fla. 2d DCA 2000)); Geiger v. Schrader, 926 So. 2d 432, 433 (Fla. 1st DCA 2006) (“Appellee has also filed a cross appeal, alleging that the trial court erred in declining to award attorney’s fees against appellant in the injunction order. However, because there is no provision for an award of attorney’s…
    1 / 2
  • Dudley v. Schmidt, 963 So. 2d 297 (Fla. 5th DCA 2007)
    …947 So. 2d 607, 608 (Fla. 3d DCA 2007) (holding trial court erred in awarding attorney’s fees in the domestic [*298] violence injunction proceeding because there is no statutory authority to award fees as sanctions in such case); Geiger v. Schrader, 926 So. 2d 432, 433 (Fla. 1st DCA 2006) (holding there is no provision for an award of attorney’s fees in a section 741.30 proceeding); Cisneros v. Cisneros, 831 So. 2d 257, 258 (Fla. 3d DCA 2002) (holding trial court was without jurisdiction to award trial level…

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