Barfield v. Kay

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED TODD BARFIELD, Appellant, v. Case No. 5D14-716 RANCE KAY, Appellee. ________________________________/ Opinion filed June 13, 2014 Non Final Appeal from the Circuit Court for Marion County, David B. Eddy, Judge. Todd Barfield, Ocala, pro se. Mark D. Shelnutt and Rebecca A. Guthrie, of Mark D. Shelnutt, P.A., Ocala, for Appellee. PER CURIAM. Todd Barfield appeals the summary denial of his motion to vacate or modify an injunction for protection against repeat violence entered in favor of Rance Kay. We reverse. Section 784.046(10), Florida Statutes (2013), allows a court to modify or dissolve an injunction at any time on the motion of an interested party. Likewise, Florida Rule of Family Procedure 12.610(6) allows an injunction to be modified or vacated under specified circumstances. In either event, due process requires that Barfield is entitled to a hearing. See McFarr v. McKee, 83 So. 3d 776 (Fla. 5th DCA 2011). REVERSED and REMANDED for further proceedings. SAWAYA, ORFINGER and COHEN, JJ., concur. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.