SCIROCCO SINGLETON
v.
STEPHANIE NOONEY
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Scirocco Singleton appealed a stalking injunction entered against him, arguing insufficiency of evidence and due process violations. The Florida District Court of Appeal, Fifth District, agreed that the petition was insufficient to support an injunction under Florida Statutes section 785.045 and reversed and remanded the case with instructions to vacate the injunction.
The court held that the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes (2023). The court did not reach Singleton's due process argument because it reversed on the insufficiency of evidence claim.
[1] A petition for protection against stalking under Florida Statutes section 785.045 must contain sufficient evidence establishing all statutory elements to support the issu…
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Join FLexlaw to unlock all legal intelligence“the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes (2023)”
Establishes the primary basis for reversal—lack of sufficient evidence under the stalking statute
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Join FLexlaw to unlock all legal intelligenceA Final Judgment of Injunction for Protection Against Stalking (After Notice) was entered against Scirocco Singleton on April 25, 2023. The specific f…
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PER CURIAM.
Appellant, Scirocco Singleton, appeals the Final Judgment of Injunction for Protection Against Stalking (After Notice) entered April 25, 2023, claiming insufficiency of evidence and due process violations. This Court agrees that the petition was insufficient to support an injunction for protection against stalking under section 785.045, Florida Statutes (2023), and we therefore reverse and remand for the trial court to vacate the injunction. Because we
reverse on Singleton’s first argument, we do not have to reach the merits of Singleton’s second argument.
REVERSED and REMANDED with instructions to vacate the Final Judgment of Injunction for Protection Against Stalking (After Notice). JAY, SOUD, and MACIVER, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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