Florida District Courts of Appeal, 2001

State v. Byars

State v. Byars
Florida District Courts of Appeal · Decided August 29, 2001 · Hazouri, Stevenson, Warner
792 So. 2d 1235; 2001 Fla. App. LEXIS 12107; 2001 WL 985783 (Southern Reporter, Second Series)

State v. Byars

Opinion of the Court

ON MOTION FOR CERTIFICATION OF QUESTION AS ONE OF GREAT PUBLIC IMPORTANCE

WARNER, J.

We grant the state’s motion for certification of the following question of great public importance. We certify the following question:

DOES A RESTRAINING ORDER ENJOINING A DEFENDANT FROM ENTERING A STRUCTURE WITHDRAW THE CONSENT ENJOYED BY MEMBERS OF THE GENERAL PUBLIC FROM ENTRY INTO THE STRUCTURE, THEREBY PREVENTING THE DEFENDANT FROM RAISING THE OPEN TO THE PUBLIC DEFENSE RECOGNIZED IN MILLER V. STATE, 733 So.2d 955 (Fla. 1998).

Although appellee argues that this court should not certify because this case does not involve a common or recurring question, we disagree. With the increase of domestic violence injunctions over the past several years, this same factual situation has the capability of being repeated often. Because of this, we conclude that it is a question of great public importance.

STEVENSON, and HAZOURI, JJ., concur.

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