Legal Opinion

Smith v. Wiker

District Court of Appeal of Florida

Decided May 25, 2016No. 2D14-3341PublishedCited by 4 opinions

1Opinion of the Court

SILBERMAN, Judge.

James Howard Smith, II, .appeals a final judgment of injunction for protection against stalking entered ;in favor of Shane Wiker (the neighbor). We affirm without comment the final judgment in its entirety except for one provision. We reverse the portion of the injunction that prohibits Smith from lingering on his driveway and remand for the trial court to more narrowly tailor the provision to prevent harass? ment of the neighbor.

The injunction prohibits Smith from going within 500 feet of the 'neighbor’s residence but also includes the following* provision: “The Respondent…

2Cases cited6 opinions

  1. Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
  2. Clark v. Allied Associates, Inc.District Court of Appeal of Florida · 1985
  3. Brower v. HubbardDistrict Court of Appeal of Florida · 1994
  4. Patrick A. Neptune v. Philip LanoueDistrict Court of Appeal of Florida · 2015
  5. Leesburg Humane Society, Inc. v. KauffmanDistrict Court of Appeal of Florida · 1989

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. City of Treasure Island v. Tahitian Treasure Island, LLCDistrict Court of Appeal of Florida · 2017
  2. JOSHUA GIVENS v. WILLIAM HOLMESDistrict Court of Appeal of Florida · 2018
  3. Smith v. WikerDistrict Court of Appeal of Florida · 2016
  4. Smith v. Wiker Ex Rel. WikerDistrict Court of Appeal of Florida · 2016

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