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Pages v. Seliman-Tapia

Florida Court of Appeal
134 So. 3d 536 (2014)


Facts

Julio Rafael Seliman-Tapia (Tapia) (defendant) confronted Dr. and Mrs. Pages (plaintiffs) in a parking lot, claiming that Dr. Pages had parked too close to his car. Dr. Pages became aggressive and bumped Tapia with his chest. Tapia’s wife, Ms. Singer, was standing nearby telling Dr. Pages to calm down. Dr. Pages aggressively rushed toward Singer, at which point Tapia intervened and pushed Dr. Pages to the ground, causing injury. Tapia pled guilty to a criminal charge of battery. The Pages filed a civil suit against Tapia, alleging assault and battery. Tapia claimed that he was immune from liability under Florida’s Stand Your Ground law. The trial court found in favor of Tapia. Dr. and Mrs. Pages appealed, arguing that Tapia could not be immune from liability because, given his battery conviction, he was engaged in an unlawful activity.

Rule of Law

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Issue

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Holding and Reasoning (Emas, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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