SCIROCCO SINGLETON
v.
JEREMY NOONEY
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Scirocco Singleton appeals a final judgment granting an injunction for protection against stalking, arguing the evidence was insufficient to support the injunction and raising due process concerns. The appellate court agrees that the petition lacked sufficient evidence under Florida Statute section 785.045 and reverses the injunction.
The trial court erred in issuing the injunction because the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes. The court did not address the due process violation argument because reversal on the insufficiency of evidence grounds rendered it unnecessary.
[1] A petition for protection against stalking must contain evidence sufficient to establish stalking as defined by Florida Statutes § 785.045 to support issuance of an injun…
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Join FLexlaw to unlock all legal intelligence“the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes (2023)”
The court's primary holding that the injunction lacked sufficient evidentiary support
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a Final Judgment of Injunction for Protection Against Stalking (After Notice) on April 25, 2023, against appellant Scirocco Si…
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PER CURIAM.
Appellant, Scirocco Singleton, appeals the Final Judgment of Injunction for Protection Against Stalking (After Notice) entered April 25, 2023, claiming insufficiency of evidence and due process violations. This Court agrees that the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes (2023), and we therefore reverse and remand for the trial court to vacate the injunction. Because we
reverse on Singleton’s first argument, we do not have to reach the merits of Singleton’s second argument.
REVERSED and REMANDED with instructions to vacate the Final Judgment of Injunction for Protection Against Stalking (After Notice). JAY, SOUD, and MACIVER, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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