First District Reverses Denial of Modification of Injunction

The First District Court of Appeal reversed yesterday in Goodwin v. Whitley, a case in which the lower tribunal denied a motion seeking to modify the terms of an injunction against repeat violence after taking four words of testimony from the petitioner, and none from the moving party.  The First District ruled that the Appellant was entitled to cross-examine the Appellee, to testify, and to present argument to the court, and denying that opportunity to him denied him due process as well.  On remand a full evidentiary hearing is required.