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H.K. BY AND THROUGH COLTON v. VOCELLE

No. 95-2940.

667 So.2d 892 (1996)

H.K., a child, By and Through her next friend, Bruce H. COLTON, State Attorney, in and for the Nineteenth Judicial Circuit, Petitioner, v. L.B. VOCELLE, Chief Judge, Nineteenth Judicial Circuit, in and for Indian River County, Respondent.

District Court of Appeal of Florida, Fourth District.

February 7, 1996.

Attorney(s) appearing for the Case

Bruce H. Colton, State Attorney, and Ryan L. Butler, Assistant State Attorney, Vero Beach, for petitioner.

Louis B. Vocelle, Jr. of Clem, Polackwich, Vocelle & Taylor, Vero Beach, for respondent.

STEVENSON, Judge.

H.K., a fifteen year old high school student, filed a petition for injunction against repeat violence seeking protection from a seventeen year old classmate who had physically attacked her on school grounds. The trial court dismissed the petition, stating that "chapter 39 of the Florida Statutes preempts Florida Statute 784.046 with regard to juvenile respondents" and that the circuit court "does not have jurisdiction to impose and enforce a repeat...

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