4D08-2750-Ostrow v. Imler

State: Florida

Court: Florida Southern District Court

Docket No: 4D08-2750.op

Case Date: 02/17/2010

Plaintiff: 4D08-2750-Ostrow

Defendant: Imler

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

January Term 2010
HARVEY OSTROW,
Appellant,
v.
LAURIE IMLER o/b/o D.I., a minor,
Appellee.

No. 4D08-2750

[February 17, 2010]

WARNER, J.
The trial court entered a permanent injunction for protection against sexual violence against appellant, Harvey Ostrow, over an incident involving a child. Because the trial court did not find that an act of sexual violence occurred, and the evidence is insufficient to sustain such a finding, the trial court erred in entering the injunction. We reverse.
A mother filed a petition for protection against repeat violence by Ostrow against her child. When the trial court denied an ex parte temporary injunction and set it for a hearing, the mother then filed a petition for protection against sexual violence. The trial court conducted a hearing at which the child testified. The child recounted an incident in which she was sitting at the YMCA during summer camp with her fellow campers and counselors. Ostrow, her neighbor, came in to work out. He engaged her in conversation and then began to chase her and tickle her. At some point he

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