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STEINFINK v. KADISH

No. 93-1061.

638 So.2d 79 (1993)

Robert P. STEINFINK, a/k/a Bob Lee, Appellant, v. Lawrence KADISH and Susan Kadish, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 12, 1994.

Attorney(s) appearing for the Case

Gerald J. Tobin and Howard Brodsky, Miami, for appellant.

Samuel I. Burstyn, P.A., Miami, and Pamela Weiss, Miami Beach, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

SCHWARTZ, Chief Judge.

The order below enjoining the appellant from threatening and "stalking" the appellees 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(1)(b). Since equity has no non-statutory

jurisdiction to enjoin the commission of crime, nor will equity act to...

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