Dismissal
Posted on Monday, September 14th, 2009 at 6:55 pmDavid: I submitted the paperwork for Dismissal of the Injunction on my way home from work today. I dropped a copy of the paperwork off at Mike Morris’ office (through the slot). Immediately after I did that I remembered that you asked about paperwork and wanted some notice…I’m sorry that I thought of your request too late. I’m sure you’ll want to call Mike Morris in the morning. Because it was a temporary Injunction the judge could review and decide as early as tomorrow…I was told to call back at around 5:30 pm to find out. I will let you know. At one point, I remember that you mentioned that even with the Injunction lifted we still could not have other contact until you finished BIP…is that correct? Jen
I look forward to you post tomorrow.
David: I called Harbour House today and the Dismissal paperwork has been reviewed by the judge and is ready for me to pick-up. The advocate could not tell me what it said…she did say, “…you’ll be delighted.”
I am unaware of a Petition for Permanent Injunction. I just looked over my files and the initial paperwork says Temporary Injunction only – which was extended for six months, which I requested Dismissal of yesterday. I suggest waiting until after I pick up the paperwork tomorrow before asking Mike Morris to draw up a Stipulation of Dismissal. If it is needed, I have no objection to it. I’ll post what the paperwork says regarding the dismissal when I get home from work tomorrow. Jen
The official answer on contact is whatever the civil court decides; the criminal court order specifically permits any contact authorizied by the civil court. If the temporary injunction is dissolved and the petition for permanent injunction dismissed, then anything goes. I did not ask anyone to verify this, nor will I; the criminal order is clear.
Yes, I did ask you to contact me before you filed anything with the court. Too bad.
If you read F.S. 741.30(9), you’ll see that it has nothing at all to do with dissolving an injunction. The form you used is dated. The statutes have been renumbered. The new dissolution of injunction statute is at F.S. 741.30(10). The court will overlook this probably. So will I.
However, I’m not sure the court will want to dismiss your Petition for Permanent Injunction – the basis for the temporary injunction – without more action; I believe that dissolution of a temporary injunction is one thing, and dismissal of a Petition for Permanent Injunction is another.
So, if you agree, I will ask Mike Morris to draw up a Stipulation of Dismissal pursuant Florida Rule of Civil Procedure 1.420(a)(1)(B), Voluntary Dismissal by Parties. You can find that online. According to this rule the Petition for Permanent Injunction is dismissed as soon as it is filed with the court – no order is necessary.
Will you consider a Stipulation of Dismissal? It would say little more than that the parties agree to a voluntary dismissal without prejudice, without judgement on the merits of the case. It could be done and over this week, or whenever.
Ok…then, let me know what you find out, too. Jen
Jen, we can have contact as soon as the civil Injunction is dismissed, unless there is some element of the criminal diversion program or criminal court order that prevents it. I don’t think there is, but I will check. The only thing we can not do together while I am in BIP is counseling. David