M.R. v. K.W.

District Court of Appeal of Florida

M.R. v. K.W.

65 So. 3d 643, 2011 Fla. App. LEXIS 11607, 2011 WL 3112066

CourtDistrict Court of Appeal of Florida

DecidedJuly 27, 2011

DocketNo. 2D10-3493

StatusPublished

This text of 65 So. 3d 643 (M.R. v. K.W.) 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.

Bluebook

M.R. v. K.W., 65 So. 3d 643, 2011 Fla. App. LEXIS 11607, 2011 WL 3112066 (Fla. Ct. App. 2011).

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Opinion

KELLY, Judge.

K.W. filed a petition for protection against sexual violence under section 784.046, Florida Statutes (2009), alleging that M.R. had sexually battered and threatened her in New York over forty years ago. M.R. appeals from the permanent injunction entered against him. To enter a final judgment of injunction for sexual violence, the court must find that an act of sexual violence occurred. Ostrow v. Imler ex rel. D.I., 27 So.3d 237, 239 (Fla. 4th DCA 2010). The record here indicates that the trial court believed it was unnecessary for her to make a finding regarding whether the alleged act occurred; consequently, the court did not make the re[644]*644quired finding. Accordingly, we reverse the final judgment of injunction.

Reversed.

CRENSHAW and MORRIS, JJ., Concur.

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KELLY, Judge.

K.W. filed a petition for protection against sexual violence under section 784.046, Florida Statutes (2009), alleging that M.R. had sexually battered and threatened her in New York over forty years ago. M.R. appeals from the permanent injunction entered against him. To enter a final judgment of injunction for sexual violence, the court must find that an act of sexual violence occurred. Ostrow v. Imler ex rel. D.I., 27 So.3d 237, 239 (Fla. 4th DCA 2010). The record here indicates that the trial court believed it was unnecessary for her to make a finding regarding whether the alleged act occurred; consequently, the court did not make the re[644]*644quired finding. Accordingly, we reverse the final judgment of injunction.

Reversed.

CRENSHAW and MORRIS, JJ., Concur.

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Bluebook (online)

65 So. 3d 643, 2011 Fla. App. LEXIS 11607, 2011 WL 3112066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mr-v-kw-fladistctapp-2011.

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