Filing# 171382346 E-Filed 04/19/2023 07:20:54 PM

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR

BROWARD COUNTY, FLORIDA
Case No.: CACE21013763 (18)

JUSTIN BALBOA,

Plaintiff,

BRO MANAGEMENT-LAS OLAS, LLC,

d/b/a B SQUARE BURGERS, and
JOE SCHILLING,

Defendants.
i

ORDER ON DEFENDANT JOE SCHILLING'S MOTION FOR STATUTORY

IMMUNITY
THIS CAUSE came before the Court on the Defendant Joe Schilling's
Motion for Statutory

Immunity filed on December 21, 2021. The Court reviewed the pleadingsin support thereto,and

of the witnesses and the evidence presented. The

considered argument o f counsel, the credibility

Court finds as follows:

I. RELEVANT BACKGROUND AND FINDINGS

On June 27, 2021, Defendant Joe Schilling("Defendant" or "Schilling"),a former

professional
fighter, or "Balboa"). The altercation was
struck Plaintiff Justin Balboa ("Plaintiff'

was at the
a result of a brief interaction between the two at a Fort Lauderdale restaurant. Schilling

restaurant diningwith a friend and colleague,Jamie Gall. Ms. Gall noticed when Balboa entered

the restaurant. He was boisterous and callingattention to himself. Balboa, who was celebratinga

recent promotion, was admittedly drinking,singing,dancing and walking around the restaurant.

He had a few beers, as well as a "good" or "decent" amount of shots.

At one point during the night,Balboa went up to Schillingand Gall's table. Balboa, a

recreational boxer, testified that he did not know who Schillingwas before that night. Ms. Gall,

however, testified that she hear Balboa say something about fightingto Schilling.
After a brief

exchange,they asked Balboa to leave and he complied.

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/19/2023 07:20:53 PM.****
 steppedoutside to smoke.
Later that evening,Schilling When he was returningto his table,
Balboa, who was admittedlyintoxicated at that point,stumbled into Schilling.The video taken by
Ms. Gall shows that Balboa apologized without looking at Schilling,and Schillingacknowledged

the apology while continuing to walk back to his table. For some undetermined reason, Balboa

calls out to Schilling.Schillingturns around and looks at Balboa in an unaggressivestance.

feet were shoulder width apart and his hands were

Schilling's at his side. Balboa makes a feinting

who testified that he learned to antic*atepunches as part of

gesture towards Schilling.Schilling,

instantlyresponded with
his training, two quick punches. Balboa fell to the floor unconscious.

testified that he thoughthe was about to be punched by Balboa

Schilling in that moment.

Once he believed the threat was neutralized,Schillingreturned to his table,paid the bill and left

the restaurant.

II. ANALYSIS

Under Florida's Stand Your Ground law, "[alperson is

justified in using ...

deadly force if he or she reasonablybelieves that using ... such force is necessary
to preventimminent death or great bodilyharm to himself." Fla. Stat. § 776.012. A
person who uses such deadly force "is immune from criminal prosecution"for the
use of force. Id. § 776.032(1).... "Section 776.032(1)expresslygrants defendants
a substantive rightto not be arrested,detained,charged,or prosecutedas a result of
the use of legally force." Dennis
justified v. State,51 So.3d 456,462 (Fla.2010).

Davis v.
Cio' of Apopka, 734 Fed. Appx. 616, 622 (llth Cir. 2018). The Defendant bears the
burden o f establishing,
by a preponderance o f the evidence, entitlement to immunity conferred by
the Stand Your Ground law. §776.032, Fla. Stat.; Professional Roofing and Sales, Inc. v.

Flemmings, 138 So. 3d 524, 530 So. 3d 2014).

The Court must evaluate not whether Schilling'sactions were necessary to prevent

imminent death or great bodilyharm to himself, but rather,whether Schillingreasonably believed

that using such force was necessary to prevent imminent death or great bodilyharm.

Based upon a totality

of circumstances and the facts presentedat the evidentiaryhearing,

reasonablybelieved that Balboa posed a threat of great bodilyharm

the Court finds that Schilling

to himself. The Court further finds that Schillingused only such force necessary to neutralize the

threat,and is therefore entitled to immunity pursuant to §776.032, Florida Statute.

it is hereby ORDERED AND ADJUDGED that:

 The Motion is GRANTED. Because §776.032, Florida Statute is a complete defense and

bar to the claims againstSchillingin this case, Count I of the Second Amended Complaint is

dismissed.

Defendant is entitled to an award of reasonable attorney's

fees,court costs, compensation
for loss of income, and all expenses incurred by Defendant in defense of this action pursuant to

§776.032(3),Fla. Stat. The Court reserves jurisdiction

to determine the amount to be awarded.

DONE AND ORDERED in Chambers, in Fort Lauderdale, Broward County, Florida on

April 19, 2023.

dA
FABIENNE E. FAHNESTOCK, CIRCUIT JUDGE

Copies furnished to:

of record
All parties/counsel
Copies Furnished to:

Alison B Wasserman, Email :

PLTNMAIL@Nationwide.com
Alison B Wasserman, Email :
alison.wasserman@Nationwide.corn
Charles Hughes, Email :
chughes@thefirearmfirm.com
Charles Hughes, Email :
pleadings@kplegalteam.corn
David S. Katz, Email :
jocasio@kplegalteam.corn
David S. Katz, Email dkatz@kplegalteam.corn
:

Hanna Yarmolik, Email :

hyarmolik@sslegalfirm.corn
Jaimie L Quinn, Email jsuarez@sslegalfirm.com
:

Jaimie L Quinn, Email : quinn@sslegalfirm.com

Richard Conforti, Email : conforti@sslegalfirm.com
Robert C Solomon, Email : service@sslegalfirm.corn
Robert C Solomon, Email solomon@sslegalfirm.corn
:

Robert CSolomon, Email :

candace@sslegalfirm.corn
Ryan Jacob Katz, Email :
rjkatz@thefirearmfirm.com
Ryan Jacob Katz, Email :
rjkatz@kplegalteam.corn