BARBARA TERRELL, APPELLANT,
v.
KAY THOMPSON, APPELLEE
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The court held that competent, substantial evidence is required to support a finding of repeat violence for an injunction.
Barbara Terrell appealed a Final Judgment of Injunction for Protection Against Repeat Violence entered against her. The trial court found two incident…
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PER CURIAM.
Barbara Terrell appeals from a Final Judgment of Injunction for Protection Against Repeat Violence entered against her. We reverse because no competent, substantial evidence supports the trial court’s ruling.
To enter an injunction for “repeat violence,” the trial court must find that there were “two incidents of violence or stalking committed by the respondent.” § 784.046(1)(b), Fla. Stat. (2004). “Violence” is defined to include “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense 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 appellant. See Perez v. Siegel, 857 So. 2d 353, 354-55 (Fla. 3d DCA 2003) (explaining that verbal threats without an overt act creating a well-founded fear that violence was imminent were insufficient to qualify as assault under the statute).
Reversed.
ERVIN, BENTON, and BROWNING, JJ., concur.
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Power v. Boyle, 60 So. 3d 496 (Fla. 1st DCA 2011)…al emotional distress so as to constitute harassment). The trial court’s finding of two incidents of violence or stalking required for an injunction under section 784.046 must be supported by competent substantial evidence. See Terrell v. Thompson, 935 So. 2d 592, 593 (Fla. 1st DCA 2006); McMath, 776 So. 2d at 1041. Here, the trial court apparently credited the testimony of the Boyles regarding the incidents [*499] described above. It is not our role to second-guess the trial court’s decision to accept the B…
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Smith v. Melcher, 975 So. 2d 500 (Fla. 2d DCA 2007)…Ms. Melcher’s immediate family in order to qualify as an aggravated assault against Ms. Melcher. To support an injunction against repeat violence, each incident of violence must be proven by competent, substantial evidence. See Terrell v. Thompson, 935 So. 2d 592, 592 (Fla. 1st DCA 2006); Sorin v. Cole, 929 So. 2d 1092, 1094-95 (Fla. 4th DCA 2006); Ravitch v. Whelan, 851 So. 2d 271, 273 (Fla. 5th DCA 2003). Although there was competent, substantial evidence to support the trial court’s determination that the…
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Russell v. Deidra L. Doughty, 28 So. 3d 169 (Fla. 1st DCA 2010)…. 2d 1131, 1132 (Fla. 3d DCA 2008); Clement v. Ziemer, 953 So. 2d 700, 702 (Fla. 5th DCA 2007); Santiago v. Towle, 917 So. 2d 909, 910 (Fla. 5th DCA 2005). The trial court must find that two incidents of violence occurred. See Terrell v. Thompson, 935 So. 2d 592, 593 (Fla. 1st DCA 2006). Appellant admits that the trial court correctly found that one incident of violence, battery, occurred. Appellant argues, and we agree, that a second incident of repeat violence did not occur. Regarding the alleged second i…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perez v. Siegel, 857 So. 2d 353 (Fla. 3d DCA 2003)
- Forrest v. Wilson, 889 So. 2d 124 (Fla. 1st DCA 2004)