DAVID JEFFREY BIGGS, APPELLANT,
v.
FAITH COONS ELLIOT, APPELLEE
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PER CURIAM.
Affirmed. A domestic violence injunction was entered against appellant. He now challenges the injunction, contending that his conduct in following and repeatedly telephoning the victim did not constitute “stalking” within the statutory definition of section 784.048, Florida Statutes (1995), so as to permit the issuance of an injunction under section 741.30, Florida Statutes (1995).
Section 784.048 has been upheld as constitutional against challenges of overbreadth and vagueness. See Bouters v. State, 659 So. 2d 235 (Fla.), cert. denied, 516 U.S. 894, 116 S.Ct. 245, 133 L.Ed.2d 171 (1995). Whether the conduct meets the statutory requirement is a question of fact for the trier of fact. In this case, we cannot conclude that the court was clearly erroneous in concluding that it did.
WARNER, POLEN and SHAHOOD, JJ., concur.
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Sajed Khan v. Deutschman, 282 So. 3d 965 (Fla. 1st DCA 2019)
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Ortola v. Mirtha Alfonso, 917 So. 2d 252 (Fla. 3d DCA 2005)…’s home after being told not to return, and remained after being asked to leave), satisfied section 784.046(l)(b), Florida Statutes. We find that the Record supports the trial court’s finding that two incidents of violence occurred. Biggs v. Elliot, 707 So. 2d 1202 (Fla. 4th DCA 1998)(‘Whether the conduct meets the statutory requirement is a question of fact for the trier of fact.”). Florida Statutes, Section 784.046(l)(b) provides: “ ‘Repeat violence’ means two incidents of violence or stalking committed by…
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Lopez v. Renette Monique Lopez, 922 So. 2d 408 (Fla. 4th DCA 2006)…njured or threatened with death before stopping a stalker’s harassment.” Curry v. State, 811 So. 2d 736, 741 (Fla. 4th DCA 2002). In this case, there was evidence of stalking sufficient to justify the issuance of an injunction. See Biggs v. Elliot, 707 So. 2d 1202 (Fla. 4th DCA 1998). In Biggs, this court affirmed the entry of a domestic violence injunction against the appellant based on stalking, holding that, “[w]hether the conduct meets the statutory requirement is a question of fact for the trier of fact.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bouters v. State, 659 So. 2d 235 (Fla. 1995)
- Baxter v. United States, 516 U.S. 894 (U.S. 1995)
- Murphy v. United States, 516 U.S. 894 (U.S. 1995)