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A woman accused of stalking has recently prevailed in a reversal by Florida's Fifth District Court of Appeal.
“Because there was no competent, substantial evidence to support the injunction, we reverse,” wrote Chief Judge Kerry I. Evander.
Judge Rand Wallis and Senior Judge Bruce W. Jacobus concurred.
Chief Justice Kerry I. Evander
| Florida Fifth District Court of Appeal
Erin Hegedus had challenged the Injunction for Protection Against Stalking that was ruled against her, and in favor of Daniel Willemin in an appeal from the Circuit Court for Brevard County.
The appeals court determined that Willemin had not proven at least two separate incidents where stalking occurred, which is required for a stalking injunction.
Willemin and Hegedus were unpaid volunteers for non-profit organization Florida Health Connection. In the appeals court decision written by Evander, he wrote that, "A verbal argument occurred," between Hegedus and Willemin on Aug. 22, 2018, and Hegedus was let go a few days later.
Willemin alleged two stalking incidents.
Willemin claimed that on Aug. 30, 2018, Hegedus drove to the parking area where a Florida Health Connection event was taking place. Evander said there was no evidence Hegedus interrupted the event or caused a commotion.
Willemin also claimed that on Feb. 11, 2019, Hegedus followed him as he drove to his neighborhood, which was "a few miles away" from where Hegedus lived, Evander wrote. "That incident also included erratic driving and a brief verbal altercation."
Evander further wrote that, “Willemin’s evidence failed to support the granting of an injunction because Hegedus’ act of driving in a parking lot while a public event was taking place, in and of itself, was insufficient to establish one of the two required incidents of stalking.”
The appeals court also instructed the lower court to dissolve the injunction that was previously finalized against Hegedus.