160 So. 3d 97
Fla. Dist. Ct. App.2015Background
- Appellee David Keul filed a petition for an injunction against repeat violence under § 784.046, alleging years of harassment, threats (including a statement about a gun), screaming incidents, chasing him and his dogs, and photographing guests.
- Trial court entered a temporary injunction; at the final hearing Keul mentioned his wife had video evidence, and the court immediately entered an Amended Final Judgment enjoining Appellant Sherry Corrie.
- Corrie appealed, arguing the injunction lacked competent, substantial evidence of the required statutory "violence" or "stalking."
- The statutory definition of "repeat violence" requires two incidents of violence or stalking, one within six months of the petition, directed at the petitioner or immediate family.
- The court evaluated whether reported conduct (shouting, threats without overt acts, alleged photos, and a gun comment) amounted to assault, battery, stalking, or other statutorily-defined violence.
Issues
| Issue | Plaintiff's Argument (Keul) | Defendant's Argument (Corrie) | Held |
|---|---|---|---|
| Whether competent, substantial evidence supported entry of an injunction for repeat violence | Keul: incidents (screaming, chasing, photographing, threats including gun reference) demonstrate violence or stalking warranting injunction | Corrie: conduct was shouting/harassment and unaccompanied threats; no overt act showing ability or imminence of violence; insufficient evidence | Reversed — evidence insufficient to support injunction for repeat violence |
| Whether threats and statements about a gun can support an injunction absent overt act | Keul: the gun comment shows threat and danger | Corrie: mere representation of firearm ownership without overt act insufficient | Held — statements about a gun alone insufficient without overt act indicating ability or imminent danger |
| Whether alleged photographing of guests constituted stalking | Keul: photos show repeated harassment/stalking | Corrie: allegation is general and unsupported by testimony/evidence | Held — unsupported general allegation of photographing did not prove stalking |
| Whether shouting and hostile neighbor conduct constitute statutory "violence" | Keul: yelling and hostile encounters amount to violence/stalking | Corrie: mere shouting/obscenities without act creating well-founded fear is not violence | Held — shouting/obscenities alone do not meet statutory violence requirement |
Key Cases Cited
- Power v. Boyle, 60 So. 3d 496 (Fla. 1st DCA) (injunction under §784.046 requires competent, substantial evidence)
- Russell v. Doughty, 28 So. 3d 169 (Fla. 1st DCA) (mere shouting and obscene gestures without overt act do not constitute statutory violence)
- Sorin v. Cole, 929 So. 2d 1092 (Fla. 4th DCA) (assertion of gun ownership or threats insufficient absent overt act showing ability or imminent danger)
- Goosen v. Walker, 714 So. 2d 1149 (Fla. 4th DCA) (repeated videotaping near victims supported stalking where evidence showed repeated conduct)