RYAN FORREST, APPELLANT,
v.
KATHERINE S. WILSON, INDIVIDUALLY AND ON BEHALF OF MINORS, ETC., APPELLEE
RYAN FORREST, APPELLANT,
KATHERINE S. WILSON, INDIVIDUALLY AND ON BEHALF OF MINORS, ETC., APPELLEE
889 So. 2d 124
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Because the trial court’s finding that appellant stalked and harassed appellee’s minor child by repeatedly engaging in certain acts is not supported by competent, substantial evidence, the permanent injunction against repeat violence is REVERSED. See § 784.048(2), Fla. Stat. (2003) (providing that “[a]ny person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking ...”); see also McMath v. Biernacki, 776 So. 2d 1039, 1040 (Fla. 1st DCA 2001) (applying the competent, substantial evidence standard of review in reviewing an injunction against repeat violence).
BROWNING, LEWIS and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Santiago v. Towle, 917 So. 2d 909 (Fla. 5th DCA 2005)…ner or the petitioner’s immediate family member.” § 784.046(l)(b), Fla. Stat. (2005). In order to support an injunction against repeat violence, each purported act of violence must be founded upon competent, substantial evidence. Forrest v. Wilson, 889 So. 2d 124 (Fla. 1st DCA 2004). In the present case while there may arguably exist some evidence of one incident of violence against Ms. Towle, there does not appear to be supporting evidence for a second incident. Mr. Santiago and Ms. Towle are neighbors. Un…
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Terrell v. Thompson, 935 So. 2d 592 (Fla. 1st DCA 2006)…nse resulting in physical injury or death, by a person against any other person.” § 784.046(1)(a), Fla. Stat. (2004). Competent, substantial evidence must support the trial court’s findings of two incidents of repeat violence. See Forrest v. Wilson, 889 So. 2d 124, 124-25 (Fla. 1st DCA 2004). We reverse the judgment entering the injunction in the present case because competent, substantial evidence does not support the finding of even a single act of violence (as defined by the statute) perpetrated by the a…
Authorities Cited
- Menthia Faulk v. AIR Prods. & Chems., Inc., 776 So. 2d 1039 (Fla. 1st DCA 2001)
- Stokes v. State, 776 So. 2d 1039 (Fla. 1st DCA 2001)