SKYLER P. WYNTER
v.
JAELYN GUTIERREZ
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A trial court violates a respondent's due process rights by granting an injunction for protection based on objected-to testimony regarding domestic violence allegations that were not included in the petition and thus not properly pleaded.
[1] A respondent in a domestic violence injunction proceeding is entitled to due process protection, including adequate notice of the specific allegations forming the basis f…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is axiomatic that a party defending against a claim is entitled to due process, including the right to proper and adequate notice of the allegations which form the basis for the relief sought.”
Court's statement of the due process principle violated in this case, citing Sanchez v. Marin, 138 So. 3d 1165, 1167 (Fla. 3d DCA 2014).
Mother filed a petition for injunction alleging incidents occurring on August 2, 2020. At the final hearing, Mother testified over Father's objection …
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SKYLER P. WYNTER,
Appellant,
v. Case No. 5D20-2235
JAELYN GUTIERREZ,
Appellee.
________________________________/
Opinion filed March 5, 2021
Appeal from the Circuit Court for Brevard County, Judith E. Atkin, Judge.
Lindsey M. Sharp, of Sharp & Dye Attorneys, Indialantic, for Appellant.
No Appearance for Appellee.
EVANDER, C.J.,
Skyler P. Wynter (“Father”) appeals an injunction against domestic violence issued in favor of Jaelyn Gutierrez (“Mother”). We reverse.
In her petition for injunction for protection, Mother made allegations regarding incidents that occurred on August 2, 2020. At the final hearing, Mother testified, over objection, to an alleged act of domestic violence that occurred in April 2020. The trial
2 court made no findings as to the alleged events of August 2, 2020,1 but did grant an injunction for protection based on the April incident.
“It is axiomatic that a party defending against a claim is entitled to due process, including the right to proper and adequate notice of the allegations which form the basis for the relief sought.” Sanchez v. Marin, 138 So. 3d 1165, 1167 (Fla. 3d DCA 2014); see also J.G.G. v. M.S., 45 Fla. L. Weekly D1601 (Fla. 5th DCA July 2, 2020) (holding that respondent was deprived of his right to procedural due process when, over objection, trial court permitted introduction of evidence regarding unpled allegations of domestic violence for first time during hearing). Here, the trial court granted relief solely on the basis of objected-to testimony that was not the subject of the petition for injunction for protection. We therefore reverse and remand with directions to vacate the permanent injunction and for a new final hearing, either upon the existing petition or upon any amended petition that may properly be filed.
REVERSED and REMANDED with directions.
WALLIS and LAMBERT, JJ., concur.