Forrest v. Wilson, 1D04-0125.

Citation889 So.2d 124
Decision Date30 November 2004
Docket NumberNo. 1D04-0125.,1D04-0125.
PartiesRyan FORREST, Appellant, v. Katherine S. WILSON, Individually and on behalf of Minors, etc., Appellee.
CourtFlorida District Court of Appeals

William Mallory Kent, Esq. of The Law Office of William Mallory Kent, Jacksonville, for Appellant.

Katherine S. Wilson, pro se, for Appellee.

PER CURIAM.

Because the trial court's finding that appellant stalked and harassed appellee's minor child by repeatedly engaging in certain acts is not supported by competent, substantial evidence, the permanent injunction against repeat violence is REVERSED. See § 784.048(2), Fla. Stat. (2003) (providing that "[a]ny person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking ..."); see also McMath v. Biernacki, 776 So.2d 1039, 1040 (Fla. 1st DCA 2001)

(applying the competent, substantial evidence standard of review in reviewing an injunction against repeat violence).

BROWNING, LEWIS and POLSTON, JJ., CONCUR.

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2 cases
  • Santiago v. Towle, 5D05-151.
    • United States
    • Florida Supreme Court
    • January 9, 2006
    ...against repeat violence, each purported act of violence must be founded upon competent, substantial evidence. Forrest v. Wilson, 889 So.2d 124 (Fla. 1st DCA 2004). In the present case while there may arguably exist some evidence of one incident of violence against Ms. Towle, there does not ......
  • Terrell v. Thompson
    • United States
    • Florida District Court of Appeals
    • August 8, 2006
    ...Competent, substantial evidence must support the trial court's findings of two incidents of repeat violence. See Forrest v. Wilson, 889 So.2d 124, 124-25 (Fla. 1st DCA 2004). We reverse the judgment entering the injunction in the present case because competent, substantial evidence does not......

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