Mottlau v. Marzullo

District Court of Appeal of Florida

Mottlau v. Marzullo

529 So. 2d 780, 13 Fla. L. Weekly 1776, 1988 Fla. App. LEXIS 3342, 1988 WL 75988

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1988

DocketNo. 88-911

StatusPublished

This text of 529 So. 2d 780 (Mottlau v. Marzullo) 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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Mottlau v. Marzullo, 529 So. 2d 780, 13 Fla. L. Weekly 1776, 1988 Fla. App. LEXIS 3342, 1988 WL 75988 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The petition for a writ of certiorari is granted, and the mutual restraining order under review is modified so as to enjoin the [781]*781parties from using only excessive and unnecessary physical punishment or discipline upon the persons of the minor children herein — -rather than from using any physical punishment or discipline upon the persons of the minor children, as the subject order currently provides. Counsel for both parties agreed to this modification during oral argument before this court, and, in our view, such modification is required under the prevailing law of Florida. See, e.g., Kama v. State, 507 So.2d 154, 156-59 (Fla. 1st DCA 1987).

Petition granted; order modified.

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PER CURIAM.

The petition for a writ of certiorari is granted, and the mutual restraining order under review is modified so as to enjoin the [781]*781parties from using only excessive and unnecessary physical punishment or discipline upon the persons of the minor children herein — -rather than from using any physical punishment or discipline upon the persons of the minor children, as the subject order currently provides. Counsel for both parties agreed to this modification during oral argument before this court, and, in our view, such modification is required under the prevailing law of Florida. See, e.g., Kama v. State, 507 So.2d 154, 156-59 (Fla. 1st DCA 1987).

Petition granted; order modified.

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529 So. 2d 780, 13 Fla. L. Weekly 1776, 1988 Fla. App. LEXIS 3342, 1988 WL 75988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mottlau-v-marzullo-fladistctapp-1988.

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