CHANTAL RODRIGUEZ, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2008-01-15
No. 3D08-76
Before COPE and GREEN, JJ., and SCHWARTZ, Senior Judge.
994 So. 2d 1131 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In the light of the state’s candid — -and, we find, correct — confession of error in the trial court’s determination, after an Arthur hearing, that the defendant had committed a non-bondable offense, the writ is granted and the cause remanded with directions to the trial court to fix a reasonable bond.


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  • Russell v. Deidra L. Doughty, 28 So. 3d 169 (Fla. 1st DCA 2010)
    …se resulting in physical injury or death, by a person against any other person.” § 784.046(l)(a), Fla. Stat. Competent, substantial evidence must support the trial court’s finding that two incidents of repeat violence occurred. See Shocki v. Aresty, 994 So. 2d 1131, 1132 (Fla. 3d DCA 2008); Clement v. Ziemer, 953 So. 2d 700, 702 (Fla. 5th DCA 2007); Santiago v. Towle, 917 So. 2d 909, 910 (Fla. 5th DCA 2005). The trial court must find that two incidents of violence occurred. See Terrell v. Thompson, 935 So. 2…
  • Levy v. Jacobs, 69 So. 3d 403 (Fla. 4th DCA 2011)
    …. 2d 909, 910 (Fla. 5th DCA 2005). An appellate court reviews an order granting an injunction for protection against repeat violence to determine whether each alleged act of violence is supported by competent, substantial evidence. Shocki v. Aresty, 994 So. 2d 1131, 1132 (Fla. 3d DCA 2008). Multiple acts stemming from a single violent incident do not constitute “repeat violence” under section 784.046 where those acts were not separated by time or distance. See Gasilovsky v. Ben-Shimol, 979 So. 2d 1179, 1180 (…
  • Cash v. Gagnon, 306 So. 3d 106 (Fla. 4th DCA 2020)
    …and Gagnon in the elevator can be considered a qualifying incident, the rest of the alleged conflicts are merely uncomfortable neighborly disputes that do not rise to the level of stalking. See Caterino, 276 So. 3d at 94 (quoting Shocki v. Aresty, 994 So. 2d 1131, 1134 (Fla. 3d DCA 2008) (“[N]oise, profanity, and claims of vandalism to property do not always warrant injunctive relief under the stalking and repeat violence statutes.”)). As this court has repeated on many occasions, section 784.048 “does not…

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