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6th DCAApril 6, 2023Affirmed↗ Precedent Departure

Klein v. Manville

Case No. 23-0379

The Sixth DCA affirmed a permanent stalking injunction and an order requiring the respondent to complete a batterer's intervention program after a year-long campaign of websites, social-media posts, letters, and an attempt to service-mark the petitioner's name. Interpreting section 784.048(2), the court held that a petitioner need only prove two separate predicate acts of following, harassing, or cyberstalking our separate acts), expressly disagreeing with the Second District's contrary dictum in Touhey v. Seda.

Key facts

  • Petitioner Klein sought a permanent stalking injunction against Respondent Manville after a year-long campaign involving websites, social-media posts, letters, and an attempt to service-mark the petitioner's name.
  • The trial court granted the permanent stalking injunction and ordered the respondent to complete a batterer's intervention program.
  • +2 more key facts with a free trial

Why it matters

The opinion resolves a recurring dispute over the quantum of predicate acts needed for a stalking injunction, aligning the Sixth DCA with the First District (Pickett) and rejecting the Second District's Touhey approach… — full analysis with a trial

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