RAMON BERENGUER, M.D., ET AL., APPELLANTS,
v.
PUBLIC HEALTH TRUST OF DADE COUNTY, ET AL., APPELLEES
RAMON BERENGUER, M.D., ET AL., APPELLANTS,
PUBLIC HEALTH TRUST OF DADE COUNTY, ET AL., APPELLEES
886 So. 2d 321
Florida District Court of Appeal, Third District (2004)
Caution
Cited by 21 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Metropolitan Dade County v. Rudoff, 544 So. 2d 1118 (Fla. 3d DCA 1989); City of Miami v. Fraternal Order of Police Lodge No. 20, 378 So. 2d 20 (Fla. 3d DCA 1979), cert. denied, 388 So. 2d 1113 (Fla.1980); Koenig v. Tyler, 360 So. 2d 104 (Fla. 3d DCA 1978); Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA 1973), cert. denied, 284 So. 2d 396 (Fla.1973); cf. Sharick v. Southeastern University of the Health Sciences, Inc., 780 So. 2d 136, 138 (Fla. 3d DCA 2000), review granted, 804 So. 2d 330 (Fla.2001), 805 So. 2d 809 (Fla. 2002), review dismissed, 822 So. 2d 1290 (Fla.2002);
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Power v. Boyle, 60 So. 3d 496 (Fla. 1st DCA 2011)…r section 784.046. There was no evidence that Ms. Power ever threatened either of the Boyles with violence or that she committed an overt act that would create a reasonable fear in the Boyles’ minds that violence was imminent. See Gagnard v. Sticht, 886 So. 2d 321, 322 (Fla. 3d DCA 2004) (finding that although respondent threatened to kill petitioner and “ ‘F’ him up,” without “overt acts indicating an ability to carry out the threats or justifying a belief in [petitioner] that violence was imminent” no injun…
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Sorin v. Cole, 929 So. 2d 1092 (Fla. 4th DCA 2006)…not finished with you and will be back for more,” is also not sufficient. While it may have placed Cole and her husband in fear, there was no overt act, ability to carry out the threat, or justifiable threat of imminent harm. See Gagnard v. Sticht, 886 So. 2d 321, 322 (Fla. 4th DCA 2004) (holding that one man’s threat to “f” up another man and kill him was [*1095] insufficient to support an injunction because a mere threat to commit an assault is not enough). The law requires two acts of violence to justify…
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Santiago v. Towle, 917 So. 2d 909 (Fla. 5th DCA 2005)…wle that Mr. Santiago had a gun and was not afraid to use it does not constitute an act of violence, unless there is an overt act indicating an ability to carry out the threat or justifying a belief that violence was imminent. See Gagnard v. Sticht, 886 So. 2d 321 (Fla. 4th DCA 2004). See also Long v. Edmundson, 827 So. 2d 365 (Fla. 2d DCA 2002); Johnson v. Brooks, 567 So. 2d 34 (Fla. 1st DCA 1990). We, therefore, reverse and remand with instructions to vacate the injunction entered against Mr. Santiago. RE…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Miami v. Fraternal Order OF Police Lodge NO. 20 OF the City OF Miami, 378 So. 2d 20 (Fla. 3d DCA 1979)
- Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA 1973)
- Sharick v. Se. Univ. OF THE Health Scis., Inc., 780 So. 2d 136 (Fla. 3d DCA 2000)
- Koenig v. Ashton Tyler & Metro. Dade Cnty., 360 So. 2d 104 (Fla. 3d DCA 1978)
- Knowles v. State, 780 So. 2d 136 (Fla. 4th DCA 2000)
- Goldberg v. MacKauf, 284 So. 2d 396 (Fla. 1973)
- Eugenie Murrhee Suter v. Suter, 284 So. 2d 396 (Fla. 1973)
- Se. Univ. OF THE Health Scis., Inc. v. Sharick, 822 So. 2d 1290 (Fla. 2002)
- Metro. Dade Cnty. v. Rudoff, 544 So. 2d 1118 (Fla. 3d DCA 1989)