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1st DCANovember 29, 2023Reversed and Remanded🔬 Novel Issue

Kuschnitzky v. Marasco

Case No. 1D2022-1751

The First DCA reversed a final judgment of injunction for protection against sexual violence, holding that the petitioner's anonymous phone call to police\u2014in which she declined to make a full disclosure and no names were recorded\u2014did not satisfy the statutory requirement under section 784.046(2)(c)1. that the petitioner have \"reported the sexual violence to a law enforcement agency.\" Because the reporting condition was unmet, the petitioner lacked standing. Judge Kelsey dissented, arguing that a report generating an incident report number is all the statute and supreme-court-approved family law form require.

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