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YOUNG v. SMITH

No. 2D03-4596.

901 So.2d 372 (2005)

Leon YOUNG, Appellant, v. Shelitha Kay SMITH, Appellee.

District Court of Appeal of Florida, Second District.

May 11, 2005.

Attorney(s) appearing for the Case

Andrew Bevan, Fort Myers, for Appellant.

No appearance for Appellee.

ALTENBERND, Chief Judge.

Leon Young appeals a final judgment of injunction for protection against domestic violence entered against him pursuant to section 741.30, Florida Statutes (2003). Although the petition filed by Shelitha Kay Smith in this case contained allegations that permitted the trial court to enter an ex parte temporary injunction, Ms. Smith failed to prove those allegations at the evidentiary hearing. Thus, the trial court erred when it entered the...

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