KENNETH E. STEVENS AND ROBERT L. ELMORE, APPELLANTS,
v.
ENTERPRISE DEVELOPERS, ETC., ET AL., APPELLEES
Explore caselaw by topic → Browse Contempt Of Court cases and more on FLexlaw
BERANEK, Judge.
Appellant, Stevens, was held in contempt. He was also ordered to pay $3,000 toward the attorneys’ fees of the opposing parties as a sanction for his admitted conduct which the trial court found to be in direct violation of a prior judgment in the case. We reverse the finding of contempt in that appellant was not given appropriate notice of the court’s intention or the adverse parties’ desire to hold him in contempt. We remand this matter to the trial court with leave to any party or the court to proceed against appellant for contempt if so desired. This reversal is based solely on procedural errors and is not an indication that appellant’s conduct was not contemptous. The appellant has not raised or argued the separate imposition of the $3,000 sanction regarding attorneys’ fees and same is thus affirmed.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
DOWNEY and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hoffman v. Hoffman, 718 So. 2d 371 (Fla. 4th DCA 1998)…therefore affirm that portion of the order. However, we direct the trial court, on remand, to strike the finding of contempt, as Wife was not seeking to hold Husband in contempt at that point in the proceedings. See Stevens v. Enterprise Developers, 441 So. 2d 184 (Fla. 4th DCA 1983) (reversing contempt finding where appellant was not given notice of court’s intention or adverse parties’ desire to hold him in contempt). Unlike the imposition of a fine, which requires a contempt finding, the striking of pleadi…
-
Tschapek v. Frailing, 699 So. 2d 851 (Fla. 4th DCA 1997)…ause trial court failed to issue order to show cause). The fact that Petitioner admitted her conduct and evinced an intention to continue it does not mean that such conduct occurred in the presence of the court. See Stevens v. Enterprise Developers, 441 So. 2d 184 (Fla. 4th DCA 1983) (reversing contempt finding for lack of notice to appellant of court’s intention or adverse parties’ desire to hold appellant in contempt for appellant’s admitted conduct which trial court found to be in direct violation of prior…