John William Carroll v. Gloria Jo Gyland Weger
CourtDistrict Court of Appeal of Florida
Date FiledOctober 28, 2026
Docket4D2025-2910
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JOHN WILLIAM CARROLL,
Appellant,
v.
GLORIA JO GYLAND WEGER,
Appellee.
No. 4D2025-2910
[October 28, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Jessica M. Marra, Judge; L.T. Case No.
062025DR008663AXDVCE.
John William Carroll, Sunny Isles Beach, pro se.
No appearance for appellee.
PER CURIAM.
John William Carroll appeals a final judgment of protection against
stalking entered in favor of appellee, Gloria Jo Gyland Weger. We reverse
because one of the incidents the trial court relied upon to issue the
injunction was insufficient to support the injunction.
Background
The parties dated for about two years and broke up in the summer of
2024. Both parties admitted that the relationship was volatile.
In May 2025, appellee petitioned for an injunction for protection against
stalking. A final judgment of injunction for protection against stalking was
entered against Carroll in July 2025, but the trial court vacated this
judgment because Carroll did not receive proper notice that he would be
required to attend the final hearing in person.
On September 30, 2025, the trial court held another final hearing on
the petition. Both parties gave sworn testimony.
Appellee testified that Carroll threatened her by filing a lawsuit against
her, which Carroll later explained was over unpaid rent, but the court
instructed appellee to focus on alleged incidents that “had no legitimate
purpose by anybody’s standards.”
After extensive testimony by both parties, the court ultimately found
two qualifying incidents of harassment, relying upon Carroll’s conduct on
April 18, 2025, and May 15, 2025.
The April 18 Incident
We need not discuss the details of Carroll’s conduct on April 18, 2025,
as we will assume for purposes of this opinion that the conduct qualified
as an incident of harassment.
The May 15 Incident
On May 15, 2025, Carroll posted the following online review of
appellee’s employer under his own name: “I was unfortunately in the ICU
and while I was on life support the waitress Gloria cheated on me...”
(ellipsis in original). Carroll admitted writing the review. When asked
about the purpose for this review, he testified: “I was really upset . . . when
I found out that while I was on life support, she slept with a bartender at
her job.” Appellee denied cheating on Carroll.
The Trial Court’s Oral Findings
After listening to the parties for over three hours, the court issued its
oral ruling. The court found “no question” that “the contact that has been
taking place” had caused appellee “substantial emotional distress,” noting
that appellee “has said it throughout the entirety of this hearing today,
and she does appear extremely distressed as a result of all of the contact.”
The court concluded that appellee had met her burden for a stalking
injunction, identifying two qualifying incidents of harassment with no
legitimate purpose: (1) the April 18, 2025 incident; and (2) the May 15,
2025 incident.
As for the May 15th online review, the court found “no legitimate
purpose for that harassing comment or communication” because “that
comment obviously has absolutely nothing [to do] with giving a review to
the business.” The court found both the April 18th and the May 15th
incidents to be willful and malicious harassment.
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On September 30, 2025, the trial court entered the operative final
judgment of injunction for protection against stalking.
Discussion
On appeal, Carroll argues that the two incidents found by the trial court
do not establish repeated statutory harassment under an objective
standard.
An order granting a protective injunction is reviewed for competent,
substantial evidence. Thoma v. O’Neal, 180 So. 3d 1157, 1159 (Fla. 4th
DCA 2015). But the legal sufficiency of the evidence supporting the
injunction is reviewed de novo. Garcia v. Soto, 337 So. 3d 355, 359–60
(Fla. 4th DCA 2022).
Section 784.0485(1), Florida Statutes (2024), creates “a cause of action
for an injunction for protection against stalking.” “Stalking” occurs when
a person “willfully, maliciously, and repeatedly follows, harasses, or
cyberstalks another person.” § 784.048(2), Fla. Stat. (2024).
“Harass” means “to engage in a course of conduct directed at a specific
person which causes substantial emotional distress to that person and
serves no legitimate purpose.” § 784.048(1)(a), Fla. Stat. (2024). A “course
of conduct” is “a pattern of conduct composed of a series of acts over a
period of time, however short, which evidences a continuity of purpose.” §
784.048(1)(b), Fla. Stat. (2024).
“Because the harassment must be repeated for an injunction to issue,
at least two instances of harassment are required.” Carvajal v. Ferretti,
434 So. 3d 72, 79 (Fla. 4th DCA 2026) (cleaned up). “Two or more acts
that are part of one continuous course of conduct are legally insufficient
to qualify as separate instances of harassment.” Cash v. Gagnon, 306 So.
3d 106, 109 (Fla. 4th DCA 2020). “A course of conduct requires multiple
acts that are separated by time or distance.” Id. Thus, “multiple
communications forming one continuous episode cannot be parsed into
separate acts to meet the statutory threshold.” Carvajal, 434 So. 3d at 80.
“Whether a communication causes substantial emotional distress
should be narrowly construed and is governed by the reasonable person
standard.” David v. Textor, 189 So. 3d 871, 875 (Fla. 4th DCA 2016).
“Mere irritation, annoyance, embarrassment, exasperation, aggravation,
and frustration, without more, does not equate to substantial emotional
distress.” Cash, 306 So. 3d at 110 (cleaned up). The required distress “is
greater than just an ordinary feeling of discomfort.” Id. “[T]he bar for
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establishing that a reasonable person would suffer substantial emotional
distress is set fairly high.” Craft v. Fuller, 298 So. 3d 99, 104 (Fla. 2d DCA
2020).
Unpleasant, uncivil, and distasteful communications “do not rise to the
level required to support a permanent injunction against stalking.” Reid
v. Saunders, 282 So. 3d 151, 151 (Fla. 1st DCA 2019). “While profanity
and accusations of lying might be offensive or even defamatory, this speech
does not fall within a course of conduct that allows for injunctive relief.”
Hasan v. Rivera, 332 So. 3d 1023, 1025 (Fla. 4th DCA 2022) (cleaned up).
“[E]mails, articles, blog posts, and videos that contain false allegations
or embarrassing information are not sufficient for purposes of imposing a
cyberstalking injunction because a reasonable person would not feel
substantial emotional distress.” Benhalima v. Iakovenko, 51 Fla. L. Weekly
D1539, 2026 WL 2177426 at *3 (Fla. 2d DCA July 29, 2026). “Distress
relating to a person’s business reputation and personal reputation among
colleagues does not rise to the level of substantial emotional distress.” Id.
In short, “injunctions are not available to stop someone from uttering
insults or falsehoods.” Logue v. Book, 297 So. 3d 605, 614 (Fla. 4th DCA
2020).
In Carvajal, for example, the record reflected “insults, accusations, and
disparaging social media posts, namely being called a ‘psychopath,’ a
‘stalker,’ or an ‘abuser,’ and being criticized publicly,” including an
accusation in a social media post that “tagged” the petitioner’s workplace.
434 So. 3d at 78, 81. We held that “this type of speech does not rise to
the level of causing substantial emotional distress.” Id. at 81.
By contrast, where the complained-of conduct is more extreme and
outrageous, courts have found the conduct to be sufficient to cause
substantial emotional distress in a reasonable person. “Florida courts
reserve that label for behavior far more severe—such as repeated, intrusive
surveillance or conduct that invades a person’s physical sense of security.”
Id. at 82; see also Robertson v. Robertson, 164 So. 3d 87, 88 (Fla. 4th DCA
2015) (holding that the ex-husband’s actions were sufficient to cause
substantial emotional distress in a reasonable person where the ex-
husband went to his ex-wife’s home in the middle of the night and looked
inside her darkened windows with a flashlight for three consecutive
nights).
Another required element of harassment is that the course of conduct
“serves no legitimate purpose.” § 784.048(1)(a), Fla. Stat. (2024).
“[W]hether a communication serves a legitimate purpose is broadly
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construed and will cover a wide variety of conduct.” David, 189 So. 3d at
875. “Whether the purpose for contact is ‘legitimate’ is evaluated on a
case-by-case basis[.]” O’Neill v. Goodwin, 195 So. 3d 411, 413 (Fla. 4th
DCA 2016). “However, courts have generally held that contact is legitimate
when there is a reason for the contact other than to harass the victim.” Id.
Assuming, without deciding, that the April 18 incident constituted a
qualifying incident of harassment, we examine whether the May 15
incident was sufficient to qualify as a second incident to support the
statutory injunction.
The May 15 incident was legally insufficient to qualify as harassment
under Florida law. The May 15 conduct consisted of Carroll posting an
online review of appellee’s employer in which he accused appellee of
cheating on him while he was in the hospital. To be sure, this post had
nothing to do with reviewing appellee’s employer, and Carroll has not
identified any purpose for the post other than causing embarrassment to
appellee. Still, even though this conduct had no legitimate purpose, an
online post containing accusations or embarrassing information is not
sufficient to support an injunction because a reasonable person would not
feel substantial emotional distress. This is not the type of severe conduct
that invades a person’s physical sense of security.
The May 15 incident is similar to the conduct at issue in Carvajal,
where we held that disparaging social media posts—including a post that
accused the petitioner of “stalking” behavior and tagged the petitioner’s
employer—did not establish substantial emotional distress under an
objective standard. Here, the public accusation that appellee was a
cheater is no worse than the public accusations in Carvajal that the
petitioner was a “psychopath,” “stalker,” and “abuser.” If Carroll’s
accusation of cheating was false, appellee’s remedy is a defamation action,
not a stalking injunction. In short, the May 15 online review was not the
type of “extreme and outrageous” conduct necessary to support a stalking
injunction.
Because the trial court’s findings support, at most, a single episode of
harassment, we reverse and remand for the trial court to vacate the
injunction.
Reversed and remanded.
GROSS, MAY and CIKLIN, JJ., concur.
* * *
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Not final until disposition of timely-filed motion for rehearing.
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