Legal Opinion

Austin v. Echemendia

District Court of Appeal of Florida

Decided August 17, 2016No. 4D15-4607PublishedCited by 1 opinion

1Per curiam

Katelynn Austin appeals from the circuit court’s order denying her petition for injunction for protection against repeat violence against Joshua Echemendia. On appeal, Austin argues that she presented sufficient evidence to warrant an injunction, and that the circuit court overlooked the fact that the definition of “violence” under section 784.046, Florida Statutes (2016), includes stalking. We agree and reverse.

The Evidentiary Hearing

Austin filed a petition for injunction against repeat violence pursuant to section 784.046(2), Florida Statutes (2015) on October 9, 2015. After denying a…

2Cases cited10 opinions

  1. Tibbs v. StateSupreme Court of Florida · 1981
  2. Duncanson v. Service First, Inc.District Court of Appeal of Florida · 1963
  3. McMath v. BiernackiDistrict Court of Appeal of Florida · 2001
  4. Power v. BoyleDistrict Court of Appeal of Florida · 2011
  5. Lukacs v. LutonDistrict Court of Appeal of Florida · 2008

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3Cited by1 opinion

  1. Scot R. Peterson v. State of FloridaDistrict Court of Appeal of Florida · 2026

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