Smith v. Wiker Ex Rel. Wiker

192 So. 3d 629, 2016 WL 3017400, 2016 Fla. App. LEXIS 7880

• Court: District Court of Appeal of Florida
• Decided: May 25, 2016
• Docket: 2D14-3416
• Status: Published

Opinion

SILBERMAN, Judge.

James Howard Smith, II, appeals a final judgment of injunction for protection against stalking entered in favor of Shane Wiker, on behalf of Shaina Wiker (the neighbor). We affirm without comment the final judgment in its entirety except for one provision. For the reasons expressed in Smith v. Wiker, No. 2D14-3341, 2016 WL 3003257 (Fla. 2d DCA May 25, 2016), we reverse the portion of the injunc tion that prohibits Smith from lingering on his driveway and remand for the -.trial court to more narrowly tailor the provision to prevent harassment of the neighbor.

Affirmed in part, reversed in part, and remanded, >

MORRIS and BADALAMENTI, JJ., Concur.