Steinfink v. Kadish

District Court of Appeal of Florida

Steinfink v. Kadish

638 So. 2d 79, 1993 Fla. App. LEXIS 10927, 1993 WL 431997

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 1993

DocketNo. 93-1061

StatusPublished

Cited by2 cases

This text of 638 So. 2d 79 (Steinfink v. Kadish) 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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Steinfink v. Kadish, 638 So. 2d 79, 1993 Fla. App. LEXIS 10927, 1993 WL 431997 (Fla. Ct. App. 1993).

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Opinion

SCHWARTZ, Chief Judge.

The order below enjoining the appellant from threatening and “stalking” the appel-lees was unjustified under section 784.046, Florida Statutes (1991) because there was no showing that an “incident of violence” had been committed by the appellant within six months of the filing of the petition as required by section 784.046(l)(b). Since equity has no non-statutory

jurisdiction to enjoin the commission of crime, nor will equity act to prevent an illegal act merely because it is illegal [,]

29 Fla.Jur.2d Injunctions § 44 (1981); Hagerty v. Coleman, 133 Fla. 363, 182 So. 776 (1938); Pompano Horse Club, Inc. v. State ex rel. Bryan, 93 Fla. 415, 111 So. 801 (1927), there is no alternative basis to support the order under review. It is therefore

Reversed.

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