230 So. 3d 1283

Fla. Dist. Ct. App.

2017

BERNETTA ASHFORD-COOPER, Appellant, v. DWELL LAKEY RUFF AKA DWELL L. RUFF, Appellee.

CASE NO. 1D17-35

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

December 13, 2017

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Robert E. Long, Jr., Judge.

An appeal from the Circuit Court for Leon County. Joshua D. Zelman of Zelman Law, Tallahassee, for Appellant. No appearance for Appellee.

PER CURIAM.

Appellant seeks review of the stalking injunction entered against her at the request of her husband‘s girlfriend, Appellee.¹ We agree with Appellant that the evidence was insufficient to support the injunction because, among other things, there was no evidence that the repeated calls and texts Appellant made to Appellee to try to get in touch with her husband caused Appellee—or would cause a reasonable person in Appellee‘s position—substantial emotional distress. See § 784.048(1)(a), (2), Fla. Stat. (2016); Leach v. Kersey, 162 So. 3d 1104, 1106 (Fla. 2d DCA 2015) (reversing stalking injunction against wife who contacted husband‘s mistress because “the evidence does not show that these contacts would cause a reasonable person in [the mistress]‘s circumstances to suffer substantial emotional distress” since “[a] reasonable woman who had an eighteen-month affair with another woman‘s husband might well expect to hear the scorn of an angry wife.“) (internal citation omitted). Accordingly, we reverse the injunction.

REVERSED.

B.L. THOMAS, C.J., and WETHERELL and WINSOR, JJ., CONCUR.

Notes

Although the injunction has expired on its own terms, “[t]his case is not moot . . . because collateral legal consequences flowing from such an injunction outlast the injunction itself.” .