Posted by Nydia Streets of Streets Law in Florida Domestic Violence
After a dispute over the use of an easement that included allegations of yelling, screaming and cursing between two neighboring business owners, a stalking injunction was entered against one of the business owners. He appealed in the case Laquidara v. Houghtaling, 2D19-3400 (Fla. 2d DCA April 16, 2021).
The alleged victims ("business owner 2”) and the alleged stalker (“business owner 1”) operated their respective businesses in the same area. An easement existed on business owner 1’s property that was used by business owner 2. As a result of this, discord grew between the two parties, resulting in business owner 2 filing for a stalking injunction against business owner 1. At a hearing on the petition, the court business owner 2 testified business owner 1’s actions caused anxiety and stress. Finding business owner 1’s actions to be harassing in nature, the court entered a stalking injunction against business owner 1, and he appealed.
The appellate court held the distress testified to by business owner 2 was not sufficient to meet the standard of substantial emotional distress, as business owner 1’s conduct would not cause a reasonable person to suffer the level of distress contemplated by the statutes. The court also found the requirement that the contact with the alleged victim serve no legitimate purpose was not met. Business owner 1 had a legitimate reason to have contact with business owner 2, specifically business owner 2’s use of the easement. The case was therefore remanded for the trial court to vacate the injunction.
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