Grimes v. Saban

173 So.3d 919 (2014)

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Nature of the Case

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Facts

P, D, and others were gathered in the kitchen at D's apartment after returning from a bar. P and D had been drinking alcohol. P offended D by telling her to 'shut up' and saying that P and the others were tired of listening to her. D went to her bedroom and shouted that no one liked P and that P did not have any friends. P told D that D needed to get therapy, to which D replied: 'Because that worked really well for you.' P, then called D a 'psycho.' D locked herself in her bedroom. P, McKinnon Moultrie, and Courtney Reigel, one of D's roommates, were all sitting in Reigel's bedroom, which was across the hall from D's bedroom. D posted the following statement on her Facebook social-medium page: 'No one likes Sarah, Yayyyyy!' When P saw the Facebook post, she got up and moved toward D's door, saying, 'I'm done.' Reigel told P not to confront D. P replied: 'If she touches me, I'll kill her.' P then began banging on the door with her hand, shouting to D to remove the post from her Facebook page. D opened the door and showed P her telephone, stating that she had removed the post. A physical altercation ensued. AS to what happened, the facts are disputed. According to P, D 'used both of her hands and shoved P into Reigel's open door frame' and that P 'hit her head on the door when D threw her back.' P testified that she then put 'one hand on D's throat, one hand on her chest, and threw her back ... toward the door to get her away.' D then started punching her in the face. P testified that D hit her in the face more than five times and that P 'did not swing back' but put her arm up to defend herself. After they were separated, D threw P's telephone against the wall and went into her room. P testified that she was bleeding and that blood was 'all over the floor and all over her' and that it had run down her face and into her bra. Reigel and Beth Terry drove P to the hospital. P testified that her injuries were 'extensive,' including considerable swelling on her left temple and a black eye. D testified that she opened the door to show P the post was off Facebook and P took both of her hands and put them around D's throat. There was a lot of slapping and punching. D put her arms out to try to push P off her. Terry pulled P and D apart, and that D went back to her bedroom, crying. D testified that her nose was bleeding and that she had scratches on her back. She did not remember seeing any blood on P, but she did testify that P's eye was a little swollen. D testified that P said she needed to go to the hospital to document her injuries. P sued D for assault and battery. D eventually moved for a summary judgment. The court granted the motion. The court concluded that when P opened the door to an angry D within inches of her face, it was reasonable for D to believe imminent use of unlawful physical force by P was about to be used against her. D had a right to be in her home, had no duty to retreat, and had the right to stand her ground. D was justified in using physical force to defend herself from what she reasonably believed to be the use of unlawful physical force by P. D was justified in using a degree of force that she reasonably believed was necessary to repel D's use and threat of physical force. P appealed.