SAMUEL LEE SMITH, JR.
v.
OFFICER J. GONZALEZ

Fla. 3d DCA | 2024-10-30
No. 2024-0126
Garcia Priovolos, J., Klukas, J., Fernandez, J., Bokor, J., Gooden, J.
2024 FL 12549 Florida District Court of Appeal, Third District (2024)

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.


Holding

A petitioner alleging stalking must demonstrate that the course of conduct complained of serves no legitimate purpose.


Headnotes

[1] In a stalking action, the petitioner bears the burden of demonstrating that the course of conduct alleged as stalking serves no legitimate purpose.

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Key Quotes

“petitioner must demonstrate that the course of inappropriate conduct alleged as stalking, of which he complains, serves no legitimate purpose”

Court's citation to Pickett v. Copeland establishing the legal standard for stalking claims

Facts & Procedural History

Samuel Lee Smith, Jr. appealed a decision from the Circuit Court for Miami-Dade County regarding allegations of stalking against Officer J. Gonzalez.…

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Topics

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Opinion of the Court
Gooden

Third District Court of Appeal State of Florida

Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0126 Lower Tribunal No. 24-519 ________________

Samuel Lee Smith, Jr., Appellant,

vs.

Officer J. Gonzalez, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Alicia Garcia Priovolos and Yara Lorenzo Klukas, Judges.

Samuel Lee Smith, Jr., in proper person.

No Appearance, for appellee.

Before FERNANDEZ, BOKOR and GOODEN, JJ.

PER CURIAM.

2

Affirmed. See Pickett v. Copeland, 236 So. 3d 1142, 1146 (Fla. 1st DCA 2018) (explaining petitioner must demonstrate that the course of inappropriate conduct alleged as stalking, of which he complains, serves no legitimate purpose).


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