SAMIR GERYES ELIAS, APPELLANT,
v.
LISA STEELE, M.D., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed an injunction prohibiting contact with a pathologist where the appellant, lacking evidence, accused her of incompetence or misconduct in performing his father's autopsy.
An injunction prohibiting contact may be affirmed where the record supports the trial court's judgment, even if sparse.
The appellant's father died of advanced bladder cancer; Dr. Steele, a pathologist, performed the autopsy which confirmed the cause of death and found …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Burden Of Proof On Appeal cases and more on FLexlaw
PER CURIAM.
Samir Geryes Elias appeals from an injunction prohibiting any contact with Dr. Lisa Steele. At the time of the events which formed the predicate for the injunction, Dr. Steele was a pathologist at the Miami-Dade County Medical Examiner’s Office. The appellant’s father had died as a result of advanced cancer of the bladder which had spread to other regions and portions of his body. Dr. Steele performed the autopsy on the decedent which confirmed the cause of death. During that procedure she had removed certain fluids from organs and portions of the body and all tests performed were consistent with the ingestion of medications during the decedent’s illness. Toxicology reports were negative. All we can conclude from this sparse record is that appellant through fear, suspicion and lack of knowledge, had become angered at Dr. Steele, accusing her of either incompetence, or purposely obfuscating the real cause of his father’s death.
Based upon the sparse record, we can only conclude that the injunction was properly entered. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979)(an appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory, without a record of the trial proceedings.)
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Elias v. Lisa Steele, M.D., 940 So. 2d 495 (Fla. 3d DCA 2006)…her’s murder. After an evidentia-ry hearing, a permanent injunction was entered against Elias, which prohibited him from, among other things, carrying a gun. Elias timely appealed the injunction, which was affirmed by this Court in Elias v. Steele, 831 So. 2d 211 (Fla. 3d DCA 2002), because a transcript of the hearing was not available. In December of 2005, Elias filed a motion requesting rehearing.1 At the evidentiary hearing, Elias presented the testimonies of Lieutenant Schil-laci, Dr. Bruce Hyma, the Me…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)