Boyles v. Tiefenthaler

District Court of Appeal of Florida

Boyles v. Tiefenthaler

810 So. 2d 1041, 2002 Fla. App. LEXIS 2969, 2002 WL 384239

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 2002

DocketNo. 2D01-1485

StatusPublished

Cited by3 cases

This text of 810 So. 2d 1041 (Boyles v. Tiefenthaler) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boyles v. Tiefenthaler, 810 So. 2d 1041, 2002 Fla. App. LEXIS 2969, 2002 WL 384239 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

Kim Boyles appeals an injunction for protection against repeat violence, obtained against her by Eric Tiefenthaler. We have reviewed the record and conclude that the evidence was insufficient to support the injunction. Accordingly, we reverse. See Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So.2d 1003 (Fla. 2d DCA 1999). Although the six-month injunction has expired by its own terms, this case is not moot because the issuance of the injunction prevents Boyles from carrying a gun under federal law and thus affects her career in law enforcement. See Weiand v. State, 732 So.2d 1044, 1054-55 n. 11 (Fla.1999) (noting restriction against firearm possession by person under restraining order pursuant to 18 U.S.C.A. § 922).

Reversed.

STRINGER and COVINGTON, JJ., concur.

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BLUE, Chief Judge.

Kim Boyles appeals an injunction for protection against repeat violence, obtained against her by Eric Tiefenthaler. We have reviewed the record and conclude that the evidence was insufficient to support the injunction. Accordingly, we reverse. See Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So.2d 1003 (Fla. 2d DCA 1999). Although the six-month injunction has expired by its own terms, this case is not moot because the issuance of the injunction prevents Boyles from carrying a gun under federal law and thus affects her career in law enforcement. See Weiand v. State, 732 So.2d 1044, 1054-55 n. 11 (Fla.1999) (noting restriction against firearm possession by person under restraining order pursuant to 18 U.S.C.A. § 922).

Reversed.

STRINGER and COVINGTON, JJ., concur.

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810 So. 2d 1041, 2002 Fla. App. LEXIS 2969, 2002 WL 384239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyles-v-tiefenthaler-fladistctapp-2002.

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