Steinfink v. Kadish

District Court of Appeal of Florida

Decided October 26, 1993

District Court of Appeal of Florida · decided 1993-10-26

Relies on Pompano Horse Club, Inc. v. State Ex Rel. Bryan · Hagerty v. Coleman

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-26

How this case has been cited

Cited by 7 later decisions — most recently April 2011

2 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SCHWARTZ, Chief Judge.

¶1The order below enjoining the appellant from threatening and “stalking” the appel-lees was unjustified under section 784.046, Florida Statutes (1991) because there was no showing that an “incident of violence” had been committed by the appellant within six months of the filing of the petition as required by section 784.046(l)(b). Since equity has no non-statutory

jurisdiction to enjoin the commission of crime, nor will equity act to prevent an illegal act merely because it is illegal [,]

¶229 Fla.Jur.2d Injunctions § 44 (1981); Hagerty v. Coleman, 133 Fla. 363, 182 So. 776 (1938); Pompano Horse Club, Inc. v. State ex rel. Bryan, 93 Fla. 415, 111 So. 801 (1927), there is no alternative basis to support the order under review. It is therefore

¶3Reversed.