AKNESHA MILLER SUHUBA BARUTI
v.
LEIGH ANN VINGLE
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An injunction for protection against stalking must be supported by competent, substantial evidence of at least two incidents of harassment, each causing substantial emotional distress under an objective standard. A road rage incident involving vehicular pursuit and intentional collision meets the threshold, but a workplace encounter where the respondent merely stared at the petitioner, making her feel uncomfortable, does not constitute substantial emotional distress.
[1] An injunction for protection against stalking under Florida Statute § 784.048 requires competent, substantial evidence of at least two separate incidents of harassment.
[2] Stalking requires that each incident cause substantial emotional distress under an objective standard, which is greater than ordinary distress and which a reasonable pers…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[B]y its statutory definition, stalking requires proof of repeated acts—i.e., a minimum of two.”
Establishes the foundational requirement that stalking claims must involve at least two separate incidents.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBaruti and her estranged husband were in a marital dissolution proceeding when Vingle, allegedly the husband's paramour, filed for an injunction again…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED AKNESHA MILLER SUHUBA BARUTI,
Appellant,
v. Case No. 5D21-2785 LT Case No. 2021-DR-039724-X LEIGH ANN VINGLE, Appellee. ________________________________/ Opinion filed July 15, 2022 Appeal from the Circuit Court for Brevard County, James H. Earp, Judge. Geoffrey P. Golub, of Law Offices of Geoffrey P. Golub, P.A., Melbourne, for Appellant. Elizabeth Siano Harris, of Harris Appellate Law Office, Mims, for Appellee. PER CURIAM.
Aknesha Miller Suhuba Baruti (“Baruti”) appeals the final judgment of injunction for protection against stalking violence entered against her. She argues, inter alia, that the trial court erred by issuing an injunction without competent, substantial evidence of two incidents of stalking.1 We agree and reverse for dissolution of the injunction.
Baruti and her estranged husband were in the midst of an acrimonious marital dissolution proceeding, during which Baruti believed that the appellee, Leigh Ann Vingle, was her husband’s paramour. Vingle filed a petition for protection against stalking against Baruti, alleging two pertinent incidents. The first concerned an occasion when Baruti came to the restaurant where Vingle worked, interrupted her while she was serving customers, and stared at her, which made her “uncomfortable.” The second incident was more serious. Vingle alleged a road rage encounter, where Baruti cornered Vingle in her car, followed her onto a highway ramp, intentionally collided with her vehicle, and approached her
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnstone v. State (Fla. 4th DCA 2023)
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Johnstone v. State (Fla. 4th DCA 2022)…eatedly staring at neighbor while she sunbathed, together with other complaints of creeping around her property, was not stalking without evidence that the staring was accompanied by any statements or gestures evidencing a threat), Baruti v. Vingle, 343 So. 3d 150, 151-52 (Fla. 5th DCA 2022) (concluding that a “mean stare” by an estranged wife who came to the workplace of her husband’s paramour to interrupt her while she worked and make her feel “uncomfortable” was insufficient to “constitute substantial emot…
Authorities Cited
- Venn v. Fowlkes, 257 So. 3d 622 (Fla. 1st DCA 2018)
- Smith v. Melcher, 975 So. 2d 500 (Fla. 2d DCA 2007)
- Olin Corp. v. Haney, 245 So. 2d 669 (Fla. 4th DCA 1971)
- Packal v. Deniz D. Johnson, 226 So. 3d 337 (Fla. 5th DCA 2017)
- Teddy (Theodore) Laserinko v. Gerhardt, 154 So. 3d 520 (Fla. 5th DCA 2015)
- Klenk v. Ransom, 270 So. 3d 1272 (Fla. 1st DCA 2019)
- Chiu v. Adams, 327 So. 3d 889 (Fla. 5th DCA 2021)