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745 So. 2d 591

Docket No. 99-1166.

Segui v. Nester

Marciana Doreen SEGUI, Appellant, v. Daniel William NESTER, Appellee.

District Court of Appeal of Florida

Decided December 17, 1999.

District Court of Appeal of Florida · decided 1999-12-17

Relies on 610 So. 2d 37 - Brand v. ELLIOTT ON BEHALF OF ELLIOTT

Decided 1999-12-17

¶1Stacey Pastel Dougan of Greenberg Traurig, Florida Coation Against Domestic *592 Violence, Miami, Virginia Daire, Florida Coalition Against Domestic Violence, Tallahassee, and Tania R. Schmidt-Alpers, Central Florida Legal Services, Inc., Palatka, for Appellant.

¶2No Appearance for Appellee.

¶3THOMPSON, J.

¶4Marciana Doreen Segui appeals the dismissal of her petition for an injunction against repeat violence, filed pursuant to section 784.046, Florida Statutes (1997). We reverse because the trial court dismissed the petition without providing an evidentiary hearing. See Brand v. Elliott, 610 So.2d 37 (Fla. 5th DCA 1992) (reversing order granting injunctive relief where court announced it did not have time to conduct evidentiary hearing, because argument of counsel alone does not constitute evidence from which court can determine propriety of granting injunctive relief). Accordingly, this cause is remanded for proceedings not inconsistent with this opinion.

¶5REVERSED and REMANDED.

¶6COBB and W. SHARP, JJ., concur.

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