Zarudny v. Zarudny

Third District Court of Appeal State of Florida Opinion filed March 28, 2018. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D17-451 Lower Tribunal No. 17-272 ________________ Dennis Zarudny, Appellant, vs. Evgeniya Zarudny, Appellee. An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge. Michael P. Mirer, for appellant. Evgeniya Zarudny, in proper person. Before EMAS, FERNANDEZ, and LINDSEY, JJ. LINDSEY, J. Appellant Dennis Zarudny (the “husband”) appeals the trial court’s Final Judgment of Injunction for Protection Against Domestic Violence with Child(ren) (the “Final Injunction”) entered on February 16, 2017. This Court has jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(A). Because the Final Injunction was supported by competent, substantial evidence, we affirm. I. BACKGROUND Dennis and Evgeniya Zarudny had been married for nearly seven years when things began to unravel during the fall of 2016. However, it is the events commencing on New Year’s Eve of 2016, culminating with the Petition filed on January 5, 2017 by Evgeniya Zarudny (the “wife”) For Injunction For Protection Against Domestic Violence With Children (the “Petition”), that bring this case before us. In the Petition, the wife alleged that the husband is addicted to alcohol, abuses marijuana, and refuses to take medication for his mental disability. The wife further alleged that on December 30, 2016, she got into a verbal conflict with the husband over booking flights for a vacation. Following the argument, the wife stated that the husband was upset and began drinking while she took their daughter to the swimming pool. The wife further stated that on December 31, 2016, she woke up and found the husband asleep on the couch after a night of drinking and 2 that the husband started drinking again around 7:30 a.m. and proceeded to consume alcohol throughout the rest of the day. The wife alleged that a physical confrontation between her and the husband occurred later that day when the husband disabled the lock to their twenty-month- old daughter’s bedroom door in order to gain entry while the wife was putting the daughter down for a nap. The wife stated that, despite her protest that their daughter needed to sleep, the husband began playing with the daughter and shoved the wife into the door to prevent the wife from stopping him. She further stated that a verbal argument followed, after which the wife left the apartment with their daughter for a few hours. The wife and the daughter returned later in the evening of December 31, 2016, whereupon the wife stated that the husband asked her to prepare everything for New Year’s Eve while he took a nap on the couch. The wife also stated that the husband was upset that she woke him up only twenty minutes before midnight and that she only bought one bottle of champagne. Thereafter, according to the wife, in the early morning hours of January 1, 2017, the husband continued to drink heavily and, despite the fact that she and the daughter were ...

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