Kauer v. Cassidy

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILE, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN PAUL KAUER, ) ) Appellant, ) ) v. ) ) CYNTHIA CASSIDY, ) ) Appellee. ) __________________________________ ) Case No. 2D06-981 Opinion filed November 22, 2006. Appeal from the Circuit Court for Collier County; Lawrence D. Martin, Judge. James J. Zonas, Naples, for Appellant. Tania R. Schmidt-Alpers of Tania R. Schmidt-Alpers, P.A., St. Augustine, for Appellee. FULMER, Chief Judge. John Kauer challenges a final judgment of injunction for protection against domestic violence obtained by Cynthia Cassidy, his sister, pursuant to section 741.30, Florida Statutes (2005). We reverse because the evidence presented at the injunction hearing addressed only one of the half-dozen or so incidents alleged by Cassidy in her petition for injunction and was otherwise insufficient to establish that Cassidy was the victim of domestic violence or that she had reasonable cause to believe that she was in imminent danger of becoming the victim of any act of domestic violence at the hands of Kauer. See §§ 741.30(1)(a), (e), (6); 741.28(2), (3). Reversed. DAVIS and KELLY, JJ., Concur. -2-

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