Latonya Holton v. Leonard Holton Jr.
CourtDistrict Court of Appeal of Florida
Date FiledJune 25, 2020
Docket1D19-2849
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2849
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LATONYA HOLTON,
Appellant,
v.
LEONARD HOLTON JR.,
Appellee.
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On appeal from the Circuit Court for Duval County.
Eric C. Roberson, Judge.
June 25, 2020
PER CURIAM.
Latonya Holton, pro se, appeals the entry of an injunction for
protection against domestic violence, the primary basis of which
was allegations of cyber-stalking arising from her social media
posts concerning her husband, the Appellee. The trial court
ordered that Holton was prohibited from posting derogatory posts
or videos about her husband for a year. Upon review of the record,
including the hearing transcript, it is evident that an insufficient
factual basis existed for entry of the injunction and that the
injunction was overbroad. See Scott v. Blum, 191 So. 3d 502, 504
(Fla. 2d DCA 2016) (“In order to succeed in a petition for injunction
against cyberstalking, the petitioner must establish that a series
of electronic communications directed at the petitioner caused
substantial emotional distress and served no legitimate purpose.”);
Chevaldina v. R.K./FL Mgmt., Inc., 133 So. 3d 1086, 1091 (Fla. 3d
DCA 2014) (“An injunction should never be broader than is
necessary to secure to the injured party relief warranted by the
circumstances involved in the particular case.”). For these reasons,
we reverse the final judgment entering the injunction. All pending
motions are denied as moot.
REVERSED.
WOLF, MAKAR, and NORDBY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Latonya Holton, pro se, Appellant.
Stephen A. Smith, Jacksonville, for Appellee.
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