Claudia Davant, the estranged wife of Sen. Alex Diaz de la Portilla, on Tuesday dismissed her request for a temporary restraining order against the Miami lawmaker, saying that a hearing on the matter could interfere with a pending FDLE investigation into a separate complaint. Davant had been granted the temporary order to keep Diaz de la Portilla away from her Monroe Street office and the Governor's Club. A hearing on a permanent injunction had been scheduled for Wednesday but the motion to dismiss cancels the hearing.
Diaz de la Portilla's lawyer, Thomas Duggar, said he and his client were disappointed because they looked forward to the hearing in which they had subponaed several witnesses to counter Davant's allegations. "In the end, the truth will prevail,'' Duggar said. "She filed a fraudulent petition that was full of lies.''
Duggar said that neither he nor his client have been contacted by FDLE and consider the investigation to be "a decoy to conceal the truth.''
Here's Davant's statement: "Due to a pending FDLE investigation and upon the advice of my attorney that the previously scheduled hearing could interfere with the FDLE investigation, we are filing a motion to dismiss the Domestic Violence Restraining Order. I will continue to be under the protection of law enforcement and private security for my personal safety as we seek to come to a final divorce settlement quickly and privately."
Here's the affidavit from the FDLE agent that was attached to her motion to dismiss: Download Affidavit Of Mark Mitchell