KEITH J. POWELL, PETITIONER,

v.

EDWIN G. BUSS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS AND DAVID ELLIS, WARDEN, SANTA ROSA CORRECTIONAL INSTITUTION, ET AL., RESPONDENTS

Citator

Cited By

• H.W. v. State, 79 So. 3d 143 (Fla. 3d DCA 2012)
  …on stood between L.R., who had a knife, and victim, and where victim testified she did not believe L.R. actually would stab her) — H.W.’s words did not create a well-founded fear that he would do something to Jones at that time. See Titsch v. Buzin, 59 So. 3d 265, 267 (Fla. 2d DCA 2011) (concluding there was no evidence Titsch “made an overt act indicating an ability to carry out the threat or that would otherwise justify a reasonable belief by Mr. Buzin that violence was imminent”); Gagnard v. Sticht, 886 S…
• Cirillo v. Jones, 84 So. 3d 1174 (Fla. 4th DCA 2012)
  …nths of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member. § 784.046(l)(a) & (b), Fla. Stat. (2011). “Each incident must be proven by competent, substantial evidence.” Titsch v. Buzin, 59 So. 3d 265, 266 (Fla. 2d DCA 2011). An “assault” is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such oth…
• James Banks v. McFARLAND, 148 So. 3d 162 (Fla. 1st DCA 2014)
  …aking nearly identical threatening remarks as appellant’s, which did not warrant an injunction because they were not accompanied by overt acts that would have created a well-founded fear in the victim that violence was imminent. See Titsch v. Buzin, 59 So. 3d 265 (Fla. 2d DCA 2011); Gagnard v. Sticht, 886 So. 2d 321 (Fla. 4th DCA 2004); Perez v. Siegel, 857 So. 2d 353 (Fla. 3d DCA 2003); Cirillo v. Jones, 84 So. 3d 1174 (Fla. 4th DCA 2012). See also Sorin v. Cole, 929 So. 2d 1092 (Fla. 4th DCA 2006); Johnson…

Authorities Cited

• Smartt v. First Union Nat'l Bank, 771 So. 2d 1232 (Fla. 5th DCA 2000)