CopyCited 7 times | Published | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 4991, 1995 WL 224786
...§§ 1512 and 1513 and Florida Statutes §§
914.22 and
914.23. Plaintiffs therefore claim to be entitled to relief in the form of compensatory, exemplary and punitive damages. Civil relief for a violation of the statutes is described in 18 U.S.C. § 1514 and Florida Statute §
914.24....
...Under either statute, Plaintiff cannot be granted the relief requested. Neither statute provides for an award of compensatory damages. Florida law allows a circuit court to issue a temporary restraining order prohibiting harassment of a witness in a state case. Fla.Stat. § 914.24....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 13742
...g. This issue relates to the parents’ attempt to obtain a “protective order” related to the street where the family resides. They note that the state attorney is authorized to seek a protective order relating to a victim or witness pursuant to section 914.24(2), Florida Statutes, but argue that because the state attorney and N.S....
...filed a joint motion in opposition to the parents’ motion, a conflict of interest exists which precludes the state attorney from filing for a protective order in this case. 7 The parents argue that they should have been permitted to seek the protective order provided for in section 914.24(2) in place of the state attorney....
...However, we have decided to address the issues on the merits because this proceeding involves important legal issues which would escape appellate review if the case were deemed to be moot. See R.R. v. Portesy,
629 So.2d 1059 (Fla. 1st DCA 1994); C.L.B., v. Jones,
381 So.2d 1178 (Fla. 1st DCA 1980). . Section
914.24(2) of the Florida Statutes provides:
914.24....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 365777
...etermination that was clearly discretionary in nature. Also discretionary was the appellee's decision about the nature of the assistance it would provide. Although the Office of the State Attorney had authority to seek a restraining order, see e.g., section 914.24, Florida Statutes, it was not obligated to do so....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 WL 2070905
...tanding. This issue relates to the parents' attempt to obtain a "protective order" related to the street where the family resides. They note that the state attorney is authorized to seek a protective order relating to a victim or witness pursuant to section 914.24(2), Florida Statutes, but argue that because the state attorney and N.S....
...filed a joint motion in opposition to the parents' motion, a conflict of interest exists which precludes the state attorney from filing for a protective order in this case. [7] The parents argue that they should have been permitted to seek the protective order provided for in section 914.24(2) in place of the state attorney....
...However, we have decided to address the issues on the merits because this proceeding involves important legal issues which would escape appellate review if the case were deemed to be moot. See R.R. v. Portesy,
629 So.2d 1059 (Fla. 1st DCA 1994); C.L.B., v. Jones,
381 So.2d 1178 (Fla. 1st DCA 1980). [7] Section
914.24(2) of the Florida Statutes provides:
914.24....
CopyPublished | Florida 1st District Court of Appeal
...GREEN,
Appellee.
_____________________________
On appeal from the Circuit Court for Leon County.
Angela C. Dempsey, Judge.
October 2, 2018
BILBREY, J.
The State appeals the trial court’s denial of the State’s
petition to prohibit harassment, filed under section 914.24,
Florida Statutes, where the petition was filed in the criminal case
after the death of the defendant....
...that the court had lost jurisdiction due to the defendant’s death
and that the case should be closed.
On February 7, 2017, on a motion filed by the State in the
criminal case, the trial court entered an ex parte temporary
restraining order pursuant to section 914.24(1) against Rebecca
W....
...l
assault who reported the offenses to law enforcement in 2015.
The trial court prohibited Ms. Green from any further posts
pertaining to the case or the alleged victim, and the court then
set the matter for final hearing within 10 days, pursuant to
section 914.24(1)(b)3.
Counsel for Ms....
...Green moved to dissolve the restraining
order due to the abatement of the criminal case upon the death of
the defendant and resulting expiration of the trial court’s
jurisdiction. In response, the State filed its petition for a
protective order to restrain harassment of a victim or witness,
under section 914.24(2)....
...any conviction or other determination of guilt. Accordingly, the
abatement of the case rendered the case non-existent and “death
withdrew the defendant from the jurisdiction of the court.”
Bagley,
122 So. 2d at 791 (citation omitted). 2 3
Section
914.24 does not extend or preserve the trial court’s
jurisdiction in the criminal prosecution against Mr....
... termination of its jurisdiction, any remedy which the State or the
alleged victim wishes to pursue against Ms. Green must be in a
separate proceeding. The abatement of the criminal case does
not preclude the circuit court from considering a petition filed by
the state attorney under section 914.24, Florida Statutes, in a
separate action because the statute provides an independent
basis of jurisdiction (and a supplemental grant of authority 4) for
the circuit court to enter an order protecting a crime victim from
harassment, whet...
...App. P. 9.330 or
9.331.
_____________________________
Pamela Jo Bondi, Attorney General, and Virginia Harris,
Assistant Attorney General, Tallahassee, for Appellant.
Robert A. Morris, Tallahassee, for Appellee.
4 See § 914.24(4), Fla....
