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Holton v. Holton

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 25, 2020
297 So. 3d 707 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-2849

06-25-2020

Latonya HOLTON, Appellant, v. Leonard HOLTON Jr., Appellee.

Latonya Holton, pro se, Appellant. Stephen A. Smith, Jacksonville, for Appellee.


Latonya Holton, pro se, Appellant.

Stephen A. Smith, Jacksonville, for Appellee.

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.


Summaries of

Holton v. Holton

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 25, 2020
297 So. 3d 707 (Fla. Dist. Ct. App. 2020)
Case details for

Holton v. Holton

Case Details

Full title:LATONYA HOLTON, Appellant, v. LEONARD HOLTON JR., Appellee.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jun 25, 2020

Citations

297 So. 3d 707 (Fla. Dist. Ct. App. 2020)