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LINDA RAMSEY and ERIN KNOX,
Plaintiffs,
v
.
Madison County
No. 07 CVD 333
CINDIE HARMAN,
Defendant.
Robert J. Deutsch, P.A., by Robert J. Deutsch and Tikkun A.S.
Gottschalk, for plaintiff-appellees.
Goldsmith, Goldsmith & Dews, P.A., by C. Frank Goldsmith, Jr.,
for defendant-appellant.
TYSON, Judge.
Cindie Harman (defendant) appeals from entry of a No-Contact
Order For Stalking Linda Ramsey and her minor child, Erin Knox
(collectively, plaintiffs). We vacate the trial court's order.
On 27 August 2007, plaintiffs filed a complaint against
defendant for stalking and sought issuance of a civil no-contact
order. Plaintiffs alleged defendant had posted information on her
website stating that Erin Knox [Linda Ramsey's daughter] harasses
other children and accused [Erin Knox] of being the reason kids
hate to go to school. Plaintiffs also alleged that on numerous
occasions defendant had referred to Erin Knox on her website asendangered, offspring, bully, and possum, which caused Erin
Knox to suffer emotional distress. At the hearing, defendant
admitted publishing the following message on her website:
With all the bulling [sic] and harassing that
goes on in our school system. Then the
trouble that went on Friday at Madison Middle.
The first student in that age group that came
to mind was Linda Knox's daughter. Wasn't
this the student that harassed the Cantrell
child? And we wonder why some kids hate to go
to school.....
Defendant's website also featured: (1) a voice recording of
plaintiffs' deceased mother and grandmother and (2) references to
Linda Ramsey as being a crow, idiot, and wack.
Plaintiffs sought a temporary civil no-contact order to be
issued ex parte in order to protect Erin Knox from continued
harassment. On 28 August 2007, the trial court granted plaintiffs'
request and ordered defendant to cease entering comments on her
website regarding Erin Knox or other members of plaintiffs' family.
On 7 September 2007, defendant filed a motion to dismiss and
asserted the trial court's order violated her First Amendment
rights to freedom of speech and the Communications Decency Act
found at 47 U.S.C. . 203. Later that day, a hearing was held.
Both parties testified and presented evidence. The trial court
reviewed several of plaintiffs' exhibits including the following
blog written by defendant and published on her website on 7 May
2007:
If anyone retaliates against anyones [sic]
children - Let me know - I will report it and
follow up at the state level- This is all the
more reason to do this. Why do you think there is so much of a problem
at the schools- when it comes to bullying?
Because these children watch their parents.
Fine example Linda Ramsey- one of the biggest
bullys [sic] in this county. She gets it
honest...
She learned from her mother and now she is
teaching her daughter the ropes. This is fact
and this county knows it. [] But it is going
to stop and if you want change- WRITE THE
LETTERS. . . . CH
The trial court found that defendant had harassed plaintiffs
within the meaning of N.C. Gen. Stat. § 50C-1(6) and (7) and issued
a civil no-contact order against defendant based, inter alia, upon
the preceding message. Defendant was ordered to: (1) cease
cyber-stalking plaintiffs; (2) cease harassment of plaintiffs;
and (3) not contact plaintiffs by telephone, written communication,
or electronic means. Defendant appeals.
Defendant argues the trial court erred by: (1) finding
defendant had violated N.C. Gen. Stat. § 50C-1; (2) violating her
First Amendment constitutional and federal statutory rights of
freedom of speech and of the press; and (3) conducting defendant's
trial in a closed session.
Defendant argues the trial court erred by finding defendant
had stalked plaintiffs as defined by N.C. Gen. Stat. § 50C-1 and
entering the civil no-contact order. We agree.
A trial judge, sitting without a jury, acts as fact finder
and weigher of evidence. Accordingly, if [the] findings aresupported by competent evidence, they are binding on appeal,
although there may be evidence that may support findings to the
contrary. Southern Bldg. Maintenance v. Osborne, 127 N.C. App.
327, 331, 489 S.E.2d 892, 895 (1997) (citation omitted).
Stalking is statutorily defined as:
On more than one occasion, following or
otherwise harassing, as defined in G.S.
14-277.3(c), another person without legal
purpose with the intent to do any of the
following:
a. Place the person in reasonable fear either
for the person's safety or the safety of the
person's immediate family or close personal
associates.
b. Cause that person to suffer substantial
emotional distress by placing that person in
fear of death, bodily injury, or continued
harassment and that in fact causes that person
substantial emotional distress.
N.C. Gen. Stat. § 50C-1(6) (2007) (emphasis supplied).
Here, the trial court's sole finding of fact in its order
stated: Defendant has harassed plaintiffs within the meaning of
[N.C. Gen. Stat. §] 50C-1(6) and (7) by knowingly publishing
electronic or computerized transmissions directed at plaintiffs
that torments, terrorizes, or terrifies plaintiffs and serves no
legitimate purpose[.] The trial court correctly articulated the
definition of harassment pursuant to N.C. Gen. Stat. § 14-277.3(c)
([f]or the purposes of this section, the term 'harasses' or
'harassment' means knowing conduct, including . . . computerized or
electronic transmissions, directed at a specific person thattorments, terrorizes, or terrifies that person and that serves no
legitimate purpose.). However, a finding of harassment alone,
even if supported by competent evidence, cannot be the sole basis
to sustain entry of a civil no-contact order under N.C. Gen. Stat.
§ 50C-1(6).
The statute requires the trial court to further find
defendant's harassment was accompanied by the specific intent to
either: (1) place the person in fear for their safety, or the
safety of their family or close personal associates or (2) cause
the person substantial emotional distress by placing that person in
fear of death, bodily injury, or continued harassment and in fact
cause that person substantial emotional distress. N.C. Gen. Stat.
§ 50C-1(6).
During the hearing, the trial court explicitly stated: Any
words or language threatening to inflict bodily harm, we don't have
that, or physical injury, we don't have that[.] Based upon the
preceding statement, the trial court eliminated either of these
grounds as a basis for the order. The only remaining ground to
support the order would be that defendant had intended to cause and
in fact caused plaintiffs to suffer substantial emotional distress
from continued harassment. (Emphasis supplied).
This Court has previously interpreted what evidence is
sufficient to establish the defendant intended to and in fact
caused the plaintiff to suffer substantial emotional distress from
continued harassment in the context of domestic violence protectiveorders. See Wornstaff v. Wornstaff, 179 N.C. App. 516, 634 S.E.2d
567 (2006), aff'd without precedential value, 361 N.C. 230, 641
S.E.2d 301 (2007). Even if Wornstaff were to have precedential
value, its holding would not be particularly instructive based upon
the very different factual backgrounds present in that case and the
case at bar. Id.
N.C. Gen. Stat. § 50C-1(6) has only once been interpreted by
this Court. See Williams v. Vonderau, 181 N.C. App. 18, 638 S.E.2d
644, aff'd in part and rev'd in part, 362 N.C. 76, 653 S.E.2d 144
(2007). In Vonderau, the central issues before this Court were:
(1) whether an appeal of an entry of a civil no-contact order was
moot based upon the expiration of the order prior to the appeal
being heard and (2) whether the statute required more than one
instance of harassment prior to entry of the order. Id. Neither
Wornstaff nor Vonderau provide substantial guidance on how to
interpret N.C. Gen. Stat. § 50C-1(6) based upon the facts and
issues presently before us.
The dispositive issue in this case is whether any evidence was
presented to show defendant intended to and in fact caused
plaintiffs to suffer substantial emotional distress. We note that
our Supreme Court has defined severe emotional distress in the
context of an action for negligent infliction of emotional distress
and intentional infliction of emotional distress. See Johnson v.
Ruark Obstetrics, 327 N.C. 283, 304, 395 S.E.2d 85, 97 (1990) ("In
th[e] context [of negligent infliction of emotional distress], theterm 'severe emotional distress' means any emotional or mental
disorder, such as, for example, neurosis, psychosis, chronic
depression, phobia, or any other type of severe and disabling
emotional or mental condition which may be generally recognized and
diagnosed by professionals trained to do so."); Dickens v. Puryear,
302 N.C. 437, 446-47, 276 S.E.2d 325, 331 (1981) (internal
quotation omitted) (Liability arises under th[e] tort [of
intentional infliction of emotional distress] when a defendant's
conduct exceeds all bounds usually tolerated by decent society and
the conduct causes mental distress of a very serious kind.").
However, neither the statue nor our prior case law defines
substantial emotional distress. We turn to the rules of
statutory construction to decide this issue. Because our General
Assembly chose not to define substantial emotional distress,
these terms must be given their plain meaning. See State v.
Thompson, 157 N.C. App. 638, 644-45, 580 S.E.2d 9, 13 (citation
omitted) ([I]n construing a statute, undefined words should be
given their plain meaning if it is reasonable to do so.), disc.
rev. denied, 357 N.C. 469, 587 S.E.2d 72 (2003).
Substantial is defined as considerable in [] value, degree,
amount or extent[.] American Heritage Dictionary 1727 (4th ed.
2000). Black's Law Dictionary defines emotional distress as [a]
highly unpleasant mental reaction (such as anguish, grief, fright,
humiliation, or fury) that results from another person's conduct.
Black's Law Dictionary 563 (8th ed. 2004). Applying the plain
meaning of these terms, we hold that no substantial evidence waspresented that tended to showed defendant intended to and in fact
caused plaintiffs to suffer substantial emotional distress to
warrant issuance of a civil no-contact order.
While Linda Ramsey's self-serving testimony indicated that she
felt threatened by the messages, the trial court expressly stated
the messages posted on defendant's website did not contain language
threatening to inflict bodily harm or physical injury.
Plaintiffs' only other assertion was that Erin Knox became
embarrassed when she had allegedly observed teachers viewing
defendant's website in her school's library. Other evidence tended
to show that access to defendant's website had been blocked at Erin
Knox's school, which would make plaintiffs' contention implausible.
Further, during the hearing, defendant testified that she had
never had any communication with Linda Ramsey or her daughter[]
and the evidence shows Erin Knox's name had not been specifically
mentioned on defendant's website. Defendant further explained that
she had posted the 7 May 2007 blog in retaliation for: (1)
messages posted by plaintiff Linda Ramsey on madisonspeaks, a
rival political commentary website and (2) an alleged threatening
phone call defendant had received from plaintiffs' mother and
grandmother. None of this evidence was contradicted.
Here, the record is wholly devoid of any evidence that tends
to show the messages published on defendant's website were intended
to and in fact caused plaintiffs to suffer substantial emotional
distress as is required by N.C. Gen. Stat. § 50C-1(6). We also
note the trial court failed to enter any findings of fact orconclusions of law regarding substantial emotional distress for
either plaintiff. Id.
Without condoning the language used on defendant's website,
the statute does not allow parties to implicate and interject our
courts into juvenile hurls of gossip and innuendo between feuding
parties where no evidence of any statutory ground is shown to
justify entry of a no-contact order. Because the trial court's
sole finding of fact does not compel a conclusion that defendant
stalked plaintiffs in accordance with N.C. Gen. Stat. § 50C-1,
the order appealed from is vacated. Woodring v. Woodring, 164 N.C.
App. 588, 593, 596 S.E.2d 370, 374 (2004).
In light of our holding, it is unnecessary to and we do not
address defendant's remaining assignments of error. See State v.
Wallace, 49 N.C. App. 475, 484-85, 271 S.E.2d 760, 766 (1980)
(citations omitted) (If the case can be decided on one of two
grounds, one involving a constitutional question, the other a
question of lesser importance, the latter alone will be determined.
The Court will not decide questions of a constitutional nature
unless absolutely necessary to a decision of the case.).
The trial court's finding of fact that defendant stalked
plaintiffs in violation of N.C. Gen. Stat. § 50C-1 by posting
messages on a website is not supported by any competent evidence.
The trial court's order is vacated.
Vacated.
Judges MCCULLOUGH and STROUD concur.
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