Posted by Nydia Streets of Streets Law in Florida Domestic Violence
In another case of feuding neighbors, an appellate court considered the appeal of one man whose neighbor obtained a stalking injunction against him. The feud reportedly stemmed from the man’s cutting of trees or bushes that separated his property from his neighbor’s property. The case is Sinopoli v. Clark, 2D18-4124 (Fla. 2d DCA February 7, 2020).
The complaining neighbor (we will call her neighbor 1) testified she awoke one day to find that her neighbor (we will call him neighbor 2) had chopped down plants that separated the two neighbors’ properties. Neighbor one responded by planting more trees, but those were cut down by neighbor 2 as well. Neighbor 1 acknowledged neighbor 2, however, had the right to cut the trees because they were on his property. Neighbor 1 further testified she awoke one morning to find neighbor 2 had cut his pool cage, and that neighbor 2 installed a floodlight that shined directly into her backyard. Neighbor 1 also accused neighbor 2 of sitting on his porch from early morning to late night, watching neighbor 1’s every move. As a result, neighbor 1 testified that she was in fear for her safety.
After a hearing, the trial court granted neighbor 1’s petition for injunction, focusing mainly on neighbor 2’s use of the flood light. Neighbor 2 testified that he installed the flood light at the advice of his pool company after he returned from a trip to find his pool equipment had been tampered with. He further testified that he sat on his porch to smoke and barbeque, rather than to watch his neighbor. Neighbor 2 appealed the injunction.
The appellate court agreed with neighbor 2 that there was insufficient evidence to warrant the entry of an injunction. The appellate court reasoned “We do not doubt the subjective sincerity of [neighbor 1’s] distress. On this record, however, we are not persuaded that it rises to the level of causing substantial emotional distress in a reasonable person.” As to the cutting of the trees, the court found this was within neighbor 2’s right since they were on his property. Regarding the allegation that neighbor 2 was sitting on his porch and staring at neighbor 1, without threats, gestures or trespass, this was not enough to support a stalking injunction. Finally, addressing the flood light allegation, the appellate court held “[N]othing here suggested that [neighbor 2] physically entered [neighbor 1’s] property, much less that trespass alone would be sufficient to support issuance of a stalking injunction. Under our facts, [neighbor 2’s] seeming indifference to [neighbor 1’s] distress over the light is more appropriately addressed in a nuisance action.
Feuds with neighbors can weigh on your emotional health. If you are considering pursuing an injunction, speak with a Miami domestic violence lawyer to understand how the law may apply to the facts of your case.