SAMUEL LEE SMITH, JR.
v.
LEAMSI HORTA

Fla. 3d DCA | 2024-10-02
No. 2024-0139
Logue, C.J., Fernandez, J., Lindsey, J., Enriquez, J.
2024 FL 11768 Florida District Court of Appeal, Third District (2024)

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Holding

The appellant must demonstrate that the course of conduct alleged as stalking serves no legitimate purpose.


Headnotes

[1] In a stalking case, the petitioner bears the burden of demonstrating that the course of conduct alleged as stalking serves no legitimate purpose.

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Key Quotes

“Petitioner must demonstrate that the course of inappropriate conduct alleged as stalking, of which he complains, serves no legitimate purpose.”

Court's citation to Pickett v. Copeland, 236 So. 3d 1142 (Fla. 1st DCA 2018)

Facts & Procedural History

Samuel Lee Smith, Jr. appealed a decision from the Circuit Court for Miami-Dade County regarding allegations of stalking by Leamsi Horta.…

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Topics

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida

Opinion filed October 2, 2024. Not final until disposition of timely filed motion for rehearing.

No. 3D24-139 Lower Tribunal No. 24-754

Samuel Lee Smith, Jr., Appellant, vs. Leamsi Horta, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Javier Enriquez, Judge.

Samuel Lee Smith, Jr., in proper person. No appearance, for appellee.

Before LOGUE, C.J., and FERNANDEZ and LINDSEY, JJ.

PER CURIAM.

Affirmed. See Pickett v. Copeland, 236 So. 3d 1142 (Fla. 1st DCA

2018) (Petitioner must demonstrate that the course of inappropriate conduct alleged as stalking, of which he complains, serves no legitimate purpose.)

2


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