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707 So. 2d 1202

Biggs v. Elliot

District Court of Appeal of Florida · decided 1998-04-15

Cited by 3 later decisions — most recently August 2014

3 state decisions

Key passage — most relied on by later courts

“[w]hether the conduct meets the statutory requirement is a question of fact for the trier of fact. In this case, we cannot conclude that the court was clearly erroneous in concluding that it did.”

quoted by 2 later decisions, including 917 So. 2d 252 - Ortola v. Alfonso, 922 So. 2d 408 - Lopez v. Lopez

Relies on Trident Associates Ltd. Partnership v. Metropolitan Life Insurance Co. · 659 So. 2d 235 - Bouters v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-04-15

View the full empirical analysis of this case →

PER CURIAM.

¶1Affirmed. A domestic violence injunction was entered against appellant. He now challenges the injunction, contending that his conduct in following and repeatedly telephoning the victim did not constitute “stalking” within the statutory definition of section 784.048, Florida Statutes (1995), so as to permit the issuance of an injunction under section 741.30, Florida Statutes (1995).

¶2Section 784.048 has been upheld as constitutional against challenges of overbreadth and vagueness. See Bouters v. State, 659 So.2d 235 (Fla.), cert. denied, 516 U.S. 894, 116 S.Ct. 245, 133 L.Ed.2d 171 (1995). Whether the conduct meets the statutory requirement is a question of fact for the trier of fact. In this case, we cannot conclude that the court was clearly erroneous in concluding that it did.

WARNER, POLEN and SHAHOOD, JJ., concur.
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