Lorraine M. Patin v. Courtney J. Davis
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 18, 2020
Docket1D18-5061
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-5061
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LORRAINE M. PATIN,
Appellant,
v.
COURTNEY J. DAVIS,
Appellee.
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On appeal from the Circuit Court for Duval County.
Eric C. Roberson, Judge.
February 18, 2020
PER CURIAM.
Ms. Patin seeks review of the trial court’s Final Judgment of
Injunction for Protection Against Stalking, arguing a lack of
competent, substantial evidence in the record supporting
entitlement. A careful review of the record reveals that Ms. Davis
did not satisfy her burden of proof under section 784.0485, Florida
Statutes. The trial court’s oral pronouncement of its decision
makes clear that issuance of the injunction was based on cell phone
videos the court viewed during the hearing. However, these videos
were not admitted into evidence and are not in the record before
us. The evidence that was admitted was legally insufficient to
support the issuance of the injunction. Because we conclude that
the evidence is insufficient to support the imposition of the
injunction, the final judgment is reversed. See Pickett v. Copeland,
236 So. 3d 1142, 1147 (Fla. 1st DCA 2018).
REVERSED.
RAY, C.J., and M.K. THOMAS, J., concur; WOLF, J., dissents
without opinion.
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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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L. Lee Lockett of Lockett Law, Jacksonville Beach, for Appellant.
Courtney J. Davis, pro se, Appellee.
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