Legal Opinion

Droke v. Andino

District Court of Appeal of Florida

Decided August 22, 2014No. 5D13-2726PublishedCited by 1 opinion

1Per curiam

Lee Droke appeals a final judgment for protection against repeat violence entered against him in favor of Christopher Andi-no. Mr. Droke argues that the trial court erred by entering the petition where Mr. Andino only proved one act of violence. We agree.

Section 784.046(l)(b), Florida Statutes (2013) defines repeat violence as “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.” An assault qualifies as an act of…

2Cases cited5 opinions

  1. Johnson v. BrooksDistrict Court of Appeal of Florida · 1990
  2. Sorin v. ColeDistrict Court of Appeal of Florida · 2006
  3. Gagnard v. StichtDistrict Court of Appeal of Florida · 2004
  4. Perez v. SiegelDistrict Court of Appeal of Florida · 2003
  5. Russell v. DoughtyDistrict Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. Christina D. Di Preta v. Tony R. TaylorCourt of Appeals for the Eleventh Circuit · 2017

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