BLAINE THOMAS HOFELING, APPELLANT,
v.
LAURA CATHERINE HOFELING (WITKOWSKI), APPELLEE
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LEHAN, Judge.
We reverse the trial court’s order adjudicating appellant guilty of indirect criminal contempt. The proceedings leading to the entry of the order were not conducted in conformity with Florida Rule of Criminal Procedure 3.840 in the following respects: (1) the order to show cause lacked proper predicates, see Paris v. Paris, 427 So. 2d 1080 (Fla. 1st DCA 1983); Deter v. Deter, 353 So. 2d 614 (Fla. 4th DCA 1977); (2) defendant, being absent from the contempt hearing, was not afforded rights given by rule 3.840(a)(4) and (a)(7), see Bradley v. State, 420 So. 2d 417 (Fla. 1st DCA 1982); and (3) the order from which this appeal has been taken does not recite the facts constituting the contempt as required by rule 3.840(a)(7), see White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987).
Reversed.
DANAHY, A.C.J., and ALTENBERND, J., concur.
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Gidden v. State, 613 So. 2d 457 (Fla. 1993)…ing forth the basis for indirect criminal contempt, are not required under rule 3.840(a)(6), Florida Rules of Criminal Procedure, where sufficient oral findings are made on the record. The district court certified conflict with Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989).1 For the reasons expressed, we approve the decision of the district court. The record in this case reflects that Gid-den was arrested and charged with one count of resisting an officer with violence. He was released on bond. He…
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Gidden v. State, 593 So. 2d 294 (Fla. 5th DCA 1992)…written findings in a judgment of indirect criminal contempt where the judge’s findings on the record serve to advise the defendant of the basis for the judgment and permit meaningful appellate review. We certify conflict with Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989). AFFIRMED. COBB, COWART, HARRIS, PETERSON, GRIFFIN and DIAMANTIS, JJ., concur. DAUKSCH, J., dissents without opinion. W. SHARP, J., dissents with opinion. . In contrast, Florida Rule of Criminal Procedure 3.830 governing dire…1 / 2
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In re Luskin, 552 So. 2d 942 (Fla. 4th DCA 1989)…pt of court when she failed to appear. This court ruled that the proper procedure to be followed upon the wife’s failure to show was for the lower court to issue a warrant for her arrest and have her brought before it. See also Hofeling v. Hofeling, 546 So. 2d 1176 (Fla. 2d DCA 1989). We conclude that it was error to proceed with the indirect criminal contempt hearing under these circumstances. Therefore the contempt judgment is reversed. Upon remand, the proceedings may continue under the rule after issuanc…
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- Deter v. Dinina D. Deter, 353 So. 2d 614 (Fla. 4th DCA 1977)
- Offord v. State, 427 So. 2d 1080 (Fla. 2d DCA 1983)
- Alan v. Bradley, 420 So. 2d 417 (Fla. 1st DCA 1982)
- White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987)