Pages v. Seliman-Tapia

134 So.3d 536 (2014)

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Nature of the Case

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Facts

Ps were in the parking lot of a Mall when they were confronted by D, who accused P of parking too close to his car, causing it to become inoperable. P became very agitated and aggressive and confrontational toward D, who had his hands in his pockets and was backing away. P continued to be confrontational and was bumping into D with his chest. Mrs. Pages got between her husband and D. At some point, P turned toward D's wife, Ms. Singer, who was telling P to calm down. P then rushed toward Ms. Singer in an aggressive manner. D became worried about his wife, who was disabled, and D rushed toward P and pushed him down, causing P to hit his head. Mrs. Pages testified that D picked P up and threw him in the air, causing him to land on his head. D was charged by information with felony battery on P and misdemeanor battery on Mrs. Pages. D pled guilty to the misdemeanor battery, was adjudicated guilty, and the State entered a nolle prosequi to the felony battery charge. Ps sued D for assault and battery. D asserted entitlement to immunity based on Florida's Stand Your Ground laws. A general magistrate found that D had established his entitlement to immunity. Ps appealed.