Michael Adams v. Casey L. Cox

Summary

The Fifth District Court of Appeal of Florida reversed and vacated a final injunction for protection against dating violence entered in favor of Casey L. Cox against Michael Adams. The court held that the evidence did not establish a reasonable cause to believe Cox was in imminent danger of another act of dating violence, particularly because anonymous communications were not authenticated or linked to Adams. The court also held that Adams was denied due process when he was not allowed to present documentary evidence, call witnesses, or cross-examine Cox.

Holdings

1. The injunction could not stand because Cox failed to present competent, substantial evidence that she had reasonable cause to believe she was in imminent danger of another act of dating violence. Proof of past dating violence and unsubstantiated suspicion that Adams sent anonymous communications did not satisfy the statutory requirement of imminent future danger.
2. The trial court denied Adams a meaningful opportunity to be heard by excluding his documentary evidence, preventing him from calling witnesses, and denying cross-examination. That fundamental due-process error independently required reversal.
3. The court did not reach the judicial-advocacy issue because the appeal was otherwise resolved.

Questions Presented

1. Whether competent, substantial evidence established that Cox had reasonable cause to believe she was in imminent danger of another act of dating violence.
2. Whether the trial court denied Adams due process by refusing to admit his documentary evidence, allow him to call witnesses, and permit cross-examination.
3. Whether the trial court improperly acted as an advocate.

Disposition

other