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Rosenthal v. Roth

District Court of Appeal of Florida, Third District
May 29, 2002
816 So. 2d 668 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-3122.

May 29, 2002.

An appeal from the Circuit Court for Dade County, Dava J. Tunis, Judge.

Leonard J. Cooperman, Miami, for appellant.

Greenberg Traurig and James H. Wyman, Miami, for appellee.

Before COPE, FLETCHER and SORONDO, JJ.


On Rehearing Denied

The motion for rehearing is denied.

FLETCHER and SORONDO, JJ., concur.


While I concur in the denial of rehearing, I would also point out that the issue presented is, to some extent, much ado about nothing.

The appellant proceeds on the assumption that if the particular domestic violence injunction issued in this case is beyond the scope of the statute, then the injunction must be vacated. That is not so.

If there were any error in the granting of this injunction, then the remedy would be to convert it into a common-law injunction. Certainly on the showing made here, a trial court could enter a common-law injunction containing a stay-away order and prohibiting weapon possession by the appellant.


Summaries of

Rosenthal v. Roth

District Court of Appeal of Florida, Third District
May 29, 2002
816 So. 2d 668 (Fla. Dist. Ct. App. 2002)
Case details for

Rosenthal v. Roth

Case Details

Full title:SHELDON ROSENTHAL, Appellant, v. JACQUELINE M. ROTH, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 29, 2002

Citations

816 So. 2d 668 (Fla. Dist. Ct. App. 2002)