Joseph Klenk v. Jessica Ransom, 270 So. 3d 1272 (Fla. 1st DCA 2019). · Go Syfert
Joseph Klenk v. Jessica Ransom, 270 So. 3d 1272 (Fla. 1st DCA 2019). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Ruby Ann Savage v. Kristen Armista Bustillo (fladistctapp, 2024-12-11)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Ruby Ann Savage v. Kristen Armista Bustillo
Fla. Dist. Ct. App. · 2024 · confidence medium
“It is not enough to be ‘weirded out’ or uncomfortable.” Klenk v. Ransom, 270 So. 3d 1272, 1273 (Fla. 1st DCA 2019) (quoting Paulson v. Rankart, 251 So. 3d 986, 990 (Fla. 1st DCA 2018)); see also Klemple v. Gagliano, 197 So. 3d 1283, 1286 (Fla. 4th DCA 2016) (holding that the stalking statute did not allow a court to enter injunctions simply to keep the peace between neighbors who cannot get along and behave civilly towards each other). 4 To support their requests for injunctions, the Bustillos relied on these allegations: (1) Savage showed up at her son’s workplace without an invita…
discussed Cited as authority (rule) Ruby Ann Savage v. Rudy Bustillo, III
Fla. Dist. Ct. App. · 2024 · confidence medium
“It is not enough to be ‘weirded out’ or uncomfortable.” Klenk v. Ransom, 270 So. 3d 1272, 1273 (Fla. 1st DCA 2019) (quoting Paulson v. Rankart, 251 So. 3d 986, 990 (Fla. 1st DCA 2018)); see also Klemple v. Gagliano, 197 So. 3d 1283, 1286 (Fla. 4th DCA 2016) (holding that the stalking statute did not allow a court to enter injunctions simply to keep the peace between neighbors who cannot get along and behave civilly towards each other). 4 To support their requests for injunctions, the Bustillos relied on these allegations: (1) Savage showed up at her son’s workplace without an invita…
cited Cited "see" AKNESHA MILLER SUHUBA BARUTI vs LEIGH ANN VINGLE
Fla. Dist. Ct. App. · 2022 · signal: see · confidence high
See Klenk v. Ransom, 270 So. 3d 1272, 1273 (Fla. 1st DCA 2019) (“It is not enough to be ‘weirded out’ or uncomfortable.” (citation omitted)).
discussed Cited "see, e.g." SCOTT ALEXANDER JOHNSTONE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2022 · signal: see also · confidence medium
While the neighbors may have been irritated, annoyed, and aggravated by the defendant’s actions, “[m]ere irritation, annoyance, embarrassment, exasperation, aggravation, and frustration, without more, does not equate to ‘substantial emotional distress.’” Cash, 306 So. 3d at 110 (quoting Johnstone I, 298 So. 3d at 669 (Klingensmith, J., dissenting)); see also Klenk v. Ransom, 270 So. 3d 1272, 1273 (Fla. 1st DCA 2019) (“It is not enough to be ‘weirded out’ or uncomfortable.” (citation omitted)).
Retrieving the full opinion text from the archive…
Joseph Klenk
v.
Jessica Ransom
18-2774.
District Court of Appeal of Florida, First District.
May 13, 2019.
270 So. 3d 1272
Cited by 4 opinions  |  Published
Pinpoint authority: bottom 33%
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________

No. 1D18-2774
_____________________________

JOSEPH KLENK,

Appellant,

v.

JESSICA RANSOM,

Appellee.
_____________________________

On appeal from the Circuit Court for Columbia County.
Paul S. Bryan, Judge.

May 13, 2019

PER CURIAM.

We reverse the final judgment of injunction for protection against stalking. See § 784.0485(1), Fla. Stat. (creating stalking injunction). Stalking requires that a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” § 784.048(2), Fla. Stat. Harass means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” § 784.048(1)(a), Fla. Stat. We review the sufficiency of the evidence de novo. Pickett v. Copeland, 236 So. 3d 1142, 1144 (Fla. 1st DCA 2018).

These parties had been co-workers for nearly three years when Appellee petitioned for a stalking injunction because of Appellant’s ongoing comments and actions that Appellee felt were sexual harassment. She testified that he frequently made

sexually-oriented comments about her body and clothing; and asked her to help him with errands outside of work, provide him with transportation, or meet for lunch. She once caught him looking at messages on her phone when she was out of her office. Appellant denied having sexually harassed Appellee, and explained that a couple of the interactions did occur but were not intended in that manner. Appellee testified that she had sought counseling and the help of a sexual harassment advocate as a result of Appellant’s actions and comments, and that she had twice reported him to management at their workplace. Appellant was reprimanded after one incident, and ultimately his employment was terminated.

We have examined the evidence carefully, and even giving credence to Appellee’s testimony, which we do, we cannot conclude that the alleged incidents rise to the level of justifying an injunction against stalking. To justify this kind of injunction, the conduct must be bad enough to produce substantial emotional distress in a reasonable person. § 784.048(1)(a), Fla. Stat.; Venn v. Fowlkes, 257 So. 3d 622, 624 (Fla. 1st DCA 2018) (“[A] reasonable person does not suffer substantial emotional distress easily.”); Mitchell v. Brogden, 249 So. 3d 781, 782 (Fla. 1st DCA 2018) (approving objective, reasonable-person standard for existence of substantial emotional distress) (collecting cases). It is not enough to be “weirded out” or uncomfortable. Paulson v. Rankart, 251 So. 3d 986, 990 (Fla. 1st DCA 2018) (rejecting argument that respondent’s acts of watching petitioner sunbathe on her deck next door and “creep” around utility meters on the public street were sufficient to support an injunction); see also McMath v. Biernacki, 776 So. 2d 1039, 1040-41 (Fla. 1st DCA 2001) (finding petitioner’s “subjective distress” insufficient to justify injunction where petitioner was uncomfortable around respondent when he tried to talk to her, sent her a letter, and sent flowers and balloons). Allegations such as these “[fall] short of the exacting standards to justify a stalking injunction and the collateral consequences that flow from it.” Paulson, 251 So. 3d at 990.

Although behavior such as that alleged here can be valid grounds for employment action, it does not rise to the level of conduct justifying a stalking injunction. Accordingly, we must reverse and remand for the trial court to vacate the injunction.

[*2]

REVERSED and REMANDED.

B.L. THOMAS, C.J., and KELSEY and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Mark D. Tinker of Cole, Scott & Kissane, P.A., Tampa, for Appellant.

Jessica Ransom, pro se, Appellee.

[*3]