ROBERT P. STEINFINK, A/K/A BOB LEE, APPELLANT,
v.
LAWRENCE KADISH AND SUSAN KADISH, APPELLEES

Fla. 3d DCA | 1993-10-26
No. 93-1061
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
638 So. 2d 79 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The order below enjoining the appellant from threatening and “stalking” the appel-lees was unjustified under section 784.046, Florida Statutes (1991) because there was no showing that an “incident of violence” had been committed by the appellant within six months of the filing of the petition as required by section 784.046(l)(b). Since equity has no non-statutory

jurisdiction to enjoin the commission of crime, nor will equity act to prevent an illegal act merely because it is illegal [,]

29 Fla.Jur.2d Injunctions § 44 (1981); Hagerty v. Coleman, 133 Fla. 363, 182 So. 776 (1938); Pompano Horse Club, Inc. v. State ex rel. Bryan, 93 Fla. 415, 111 So. 801 (1927), there is no alternative basis to support the order under review. It is therefore

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kellogg v. Fowler, 807 So. 2d 669 (Fla. 4th DCA 2001)
    …enth Circuit rendered decisions, both unfavorable to Kellogg, on May 26 and December 10, 1999, over one year after the trial in the Dade County case. The circuit court granted Fowler White’s motion for summary judgment, relying on Carson v. Gibson, 638 So. 2d 79 (Fla. 2d DCA 1994). This case is controlled by the Restatement (Second) of Judgments section 22 (1982), which provides: (1) Where the defendant may interpose a claim as a counterclaim but he fails to do so, he is not thereby precluded from subsequ…
  • Horne v. Endres, 61 So. 3d 428 (Fla. 1st DCA 2011)
    …ntered the no contact order as a remedy within the power of a court of equity to fashion. We do not agree that Florida’s courts have such sweeping powers. In general, equity will not enjoin even criminal violations, as such. See Steinfink v. Radish, 638 So. 2d 79, 79 (Fla. 3d DCA 1993) (reversing injunction against repeat violence and stating that “[s]ince equity has no non-statutory ‘jurisdiction to enjoin the commission of crime, nor will equity act to prevent an illegal act [*432] merely because it is ill…
  • Weiss v. Courshon, 768 So. 2d 2 (Fla. 3d DCA 2000)
    …354 So. 2d 372, 374 (Fla.1977) and All Pro Sports Camp, Inc. v. Walt Disney Co., 727 So. 2d 363 (Fla. 5th DCA). Furthermore, collateral estoppel applies to bar relitigation of issues raised in a first suit by way of a defense. See, Carson v. Gibson, 638 So. 2d 79, 81 (Fla. 2d DCA 1994) (“The adverse resolution of the affirmative defenses in the first action created an estoppel by judgment in this case.”). Accordingly, this Court finds and concludes that as the parties to the federal action were the same as…

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