IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STEVEN KELLER,
Appellant,
v. Case No. 5D17-635
5D17-639
OLIN RAMSEYER o/b/o A.R.
and B.R., MINORS,
Appellee.
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Opinion filed February 9, 2018
Appeal from the Circuit Court
for Brevard County,
Kenneth Friedland, Judge.
Patrick M. Megaro, Robert L. Hughes and
Joseph G. Easton, of Halscott Megaro,
P.A., Orlando, for Appellant.
David A. Baker and Mark A. Cavins, of The
Law Office of David A. Baker, P.A.,
Rockledge, for Appellee.
PER CURIAM.
In this consolidated appeal, Appellant (the stepfather of the alleged minor victims)
challenges final judgments of injunction for protection against sexual violence filed by
Appellee (the father of the alleged minor victims). Although the children denied the
allegations during the videotaped interview with the Child Protection Team and there were
no eyewitnesses to the alleged abuse, the trial judge granted the injunction primarily
based on Appellee’s testimony about what his children allegedly told him. Appellant’s
threshold claim of error relates to the admissibility of this testimony under section
90.803(23), Florida Statutes (2017). We need not address this evidentiary issue here
because we conclude that Appellant’s other claim of error based on section
784.046(4)(a), Florida Statutes (2017), is dispositive. In this case, there were no
eyewitnesses, affidavits from eyewitnesses, or direct physical evidence of the alleged
abuse to support the allegations. Accordingly, there was a lack of substantial, competent
evidence to support the injunction. See T.B. v. R.B. (In re A.B.), 186 So. 3d 544 (Fla. 2d
DCA 2015) (holding that mother failed to meet requirements of section 784.046(4)(a) for
obtaining injunction against father where she was not eyewitness to alleged acts and
failed to introduce physical evidence or affidavit from eyewitness to alleged acts). The
final judgments are reversed.
REVERSED.
TORPY, BERGER and EDWARDS, JJ., concur.
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