Florida District Courts of Appeal, 1988

Mottlau v. Marzullo

Mottlau v. Marzullo
Florida District Courts of Appeal · Decided July 26, 1988 · Hubbart, Jorgenson, Pearson
529 So. 2d 780; 13 Fla. L. Weekly 1776; 1988 Fla. App. LEXIS 3342; 1988 WL 75988 (Southern Reporter, Second Series)

Mottlau v. Marzullo

Opinion of the Court

PER CURIAM.

The petition for a writ of certiorari is granted, and the mutual restraining order under review is modified so as to enjoin the *781parties from using only excessive and unnecessary physical punishment or discipline upon the persons of the minor children herein — -rather than from using any physical punishment or discipline upon the persons of the minor children, as the subject order currently provides. Counsel for both parties agreed to this modification during oral argument before this court, and, in our view, such modification is required under the prevailing law of Florida. See, e.g., Kama v. State, 507 So.2d 154, 156-59 (Fla. 1st DCA 1987).

Petition granted; order modified.

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