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ELLIS v. JENKINS

No. 5D01-2278.

800 So.2d 742 (2001)

Clay ELLIS, Appellant, v. David JENKINS o/b/o R.J., A Minor, Appellee.

District Court of Appeal of Florida, Fifth District.

December 7, 2001.

Attorney(s) appearing for the Case

Robert S. Thurlow of Robert S. Thurlow, P.A., New Smyrna Beach, for Appellant.

Philip B. Peterson of DeLoach & Peterson, P.A., New Smyrna Beach, for Appellee.

COBB, J.

Ellis appeals an order by the circuit court denying his motion to vacate a final injunction entered against him in 1999 prohibiting his contact with the minor appellee. The motion contended the circuit court lacked subject matter jurisdiction based upon section 784.046, Florida Statutes, which provides for injunctive relief in cases of repeat violence, which is defined as "any assault, battery, sexual battery, or stalking by a person against any other person...

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