Critically important case on Stand Your Ground Immunity in a civil suit in Florida

Critically important Civil "Stand Your Ground" immunity appeal decided in Florida
copyright 2016 by jon gutmacher

In Professional Roofing & Sales , Inc. v. Flemmings, 138 So.3d 524 (Fla. 3DCA 2014), the Third District Court of Appeal held that even though a defendant had been granted "Stand Your Ground" immunity  under F.S. 776.032 in a criminal case -- he or she could still be sued civilly, and the issue of immunity be relitigated.  Of course,  if such a person were sued by several persons independently, the issue of immunity would then be relitigated numerous times -- and the burden on an individual already found to be immune from criminal prosecution would be overwhelming.  Something that many legal jurists found to be repugnant to the immunity grant, and inconsistent with the intent of the Legislature.  However,  it was the law in Florida until very recently, when the Second District Court of Appeal, in Patel v. Kumar, 41 Fla. L.Weekly D1541 (Fla. 2DCA 2016),  held completely opposite of the Third District.

In the Patel case, Mr. Patel had been attacked in a bar without provocation , and Patel responded by defensively punching his attacker,  Mr. Kumar, in the head.  Unfortunately for Kumar,  Patel had a glass in his hand when he was attacked, and when he threw his defensive punch, the glass (still in his hand) shattered, causing serious injury to Mr. Kumar.   The State (in its infinite wisdom) prosecuted Mr. Patel for a felony,  with the court eventually dismissing the case based on Stand Your Ground immunity after an extensive evidentiary hearing, and an unsuccessful appeal was taken by the State and denied.  (actually, the litigation history was a bit more complex, but unnecessary to this article)

In a well thought out Opinion by the very respected Judge Northcutt (and concurring opinion of Judge Badalamenti), the Second District held that once a Stand Your Ground immunity is established -- it applies to any subsequent cases.  Thus,  there is now a division of authority in Florida on the issue, and it is one that is sure to be addressed by the Florida Supreme Court at some point in the future, because of its importance.  If you're in the jurisdiction of the Third District (Miami area) -- you're in unfriendly legal territory because the decision of the Third District is binding there.  Likewise, if you're in the jurisdiction of the Second District (Tampa area) you are in an area where the Second District decision is binding.  Everywhere else in Florida -- each court is permitted to rule as the judge thinks is proper -- until their own District Court of Appeal, or the Florida Supreme Court makes a ruling.

This was a critically important decision for gun owners -- and I can tell you that the issues involved were legally very complex.  Big congratulations to the attorneys for Mr. Patel.  Stephen L. Romine [Clearwater], and Kimberley M. Kohn [Tampa] for a job well done.


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