Opinion

Boyles v. Tiefenthaler

2002 Fla. App. LEXIS 2969 · District Court of Appeal of Florida · Mar 13, 2002

Full text

Kim BOYLES v. Eric A. TIEFENTHALER

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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Metadata

Status: Published
Author: Blue
Judges: Blue, Covington, Stringer
Cluster ID: 7807955

Citations

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

Cited by

BARBARA MOLINA v. JOSEPH RICHARD VALENZUELA
District Court of Appeal of Florida · May 16, 2018
Horne v. Endres
District Court of Appeal of Florida · Apr 15, 2011
Murphy v. Reynolds
District Court of Appeal of Florida · Mar 3, 2011

Parentheticals

finding an appeal of an injunction for protection against repeat violence was not moot, as “issuance of the injunction prevented] [appellant] from carrying a gun under federal law and thus affect[ed] her career in law enforcement”
Murphy v. Reynolds
“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.”
BARBARA MOLINA v. JOSEPH RICHARD VALENZUELA