SAMUEL LEE SMITH, JR.
v.
OFFICER J. GONZALEZ
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A petitioner alleging stalking must demonstrate that the course of conduct complained of serves no legitimate purpose.
[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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Join FLexlaw to unlock all legal intelligence“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
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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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).