CARLOS RODRIGUEZ v. CITY OF SOUTH MIAMI
CourtDistrict Court of Appeal of Florida
Date FiledApril 22, 2020
Docket3D19-2119
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed April 22, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2119
Lower Tribunal No. 13-12254
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Carlos Rodriguez,
Appellant,
vs.
City of South Miami, et al.,
Appellees.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Jose M. Rodriguez, Judge.
Berrio & Berrio, P.A., and Juan D. Berrio, for appellant.
Thomas F. Pepe, City Attorney, for appellees.
Before FERNANDEZ, LOGUE, and SCALES, JJ.
LOGUE, J.
Because we disagree with Appellant’s sole argument on appeal that the
Legislature’s creation of expedited procedures and enhanced statutory remedies to
protect victims of repeat violence, sexual violence, or dating violence pursuant to
section 784.046, Florida Statutes, preempted the trial court’s equitable and inherent
authority to issue injunctions conferred by Article V, section 20 of the Florida
Constitution and section 26.012, Florida Statutes, which include the ability to issue
injunctions to protect public officials and public property as occurred here, we
affirm.
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