DANIELLE MONTES-BOLDEN v. LINA BEAUVAIS ( 2022 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed October 19, 2022.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D22-137
    Lower Tribunal No. 21-6911
    ________________
    Danielle Montes-Bolden,
    Appellant,
    vs.
    Lina Beauvais,
    Appellee.
    An Appeal from the Circuit Court for Miami-Dade County, Milton
    Hirsch, Judge.
    Law Office of Ennis Leon Jacobs, Jr., and Ennis Leon Jacobs, Jr.
    (Tallahassee), for appellant.
    The Law Offices of Duane E. Baum, P.A., and Duane E. Baum
    (Plantation), for appellee.
    Before FERNANDEZ, C.J., and EMAS and SCALES, JJ.
    PER CURIAM.
    The subject of this family dispute is a “vulnerable adult,” 1 Andre
    Beauvais, an elderly gentleman who is the husband of appellee Lina
    Beauvais and, from an earlier marriage, the father of appellant Danielle
    Montes-Bolden. Montes-Bolden appeals a December 3, 2021 trial court
    order that: (i) vacated a November 24, 2021 temporary protective injunction2
    that had enjoined Lina Beauvais from caring for and having contact with her
    husband, and from residing in the dwelling that she shared with him; and (ii)
    removed Montes-Bolden from the same dwelling, effectively enjoining
    Montes-Bolden from caring for and having contact with her father.
    The trial court entered the November 24th temporary protective
    injunction ex parte and set a full hearing on Montes-Bolden’s injunction
    petition for December 2, 2021. After having to leave her home to comply with
    the injunction, Lina Beauvais filed an emergency motion to vacate the
    injunction. On December 2nd, the trial court conducted an evidentiary
    1
    “‘Vulnerable adult’ means a person 18 years of age or older whose ability
    to perform the normal activities of daily living or to provide for his or her own
    care or protection due to mental, emotional, sensory, long-term physical, or
    developmental disability or dysfunction, or brain damage, or the infirmities of
    aging.” § 415.102(28), Fla. Stat. (2021).
    2
    The trial court entered the temporary protective injunction pursuant to
    section 825.1035 of the Florida Statutes (2021). This statute provides for the
    entry of a temporary injunction to protect a vulnerable adult primarily from
    financial exploitation. See §§ 825.103, 825.1035, Fla. Stat. (2021).
    2
    hearing on both Montes-Bolden’s petition and Beauvais’s motion and
    entered the challenged order the following day.
    We affirm the portion of the challenged order that vacates the
    temporary protective injunction, 3 but we reverse the portion of the order that,
    sua sponte, barred Montes-Bolden from Andre Beauvais’s residence and
    from having any contact with Andre Beauvais without prior court approval.
    Beauvais’s emergency motion to vacate did not seek injunctive relief against
    Montes-Bolden, and a trial court may not grant injunctive relief sua sponte.
    First Union Nat’l Bank of Fla., N.A. v. Peoples Nat’l Bank of Commerce,
    Miami, 
    644 So. 2d 538
    , 539 (Fla. 3d DCA 1994) (“We . . . reverse the
    injunctive aspects of the subject order . . . because, without dispute, this
    injunctive relief was entered sua sponte by the court in the absence of
    required pleadings and notice.”); see Grand Venetian Condo. Ass’n v.
    Prince, 
    916 So. 2d 66
    , 66 (Fla. 3d DCA 2005).
    Affirmed in part, reversed in part.
    3
    Our standard of review is abuse of discretion. “A trial court is afforded broad
    discretion in granting, denying, dissolving, or modifying injunctions, and
    unless a clear abuse of discretion is demonstrated, an appellate court must
    not disturb the trial court’s decision.” Credo LLC v. Speyside Invests. Corp.,
    
    259 So. 3d 893
    , 897-98 (Fla. 3d DCA 2018).
    3
    

Document Info

Docket Number: 22-0137

Filed Date: 10/19/2022

Precedential Status: Precedential

Modified Date: 10/19/2022