EUGENE GIVNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE GIVNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
559 So. 2d 466
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse and remand with direction to rehear the matter pursuant to reasonable notice. Any contempt of appellant for failure to answer a state attorney's questions pursuant to subpoena outside of the court's presence would be indirect, not direct, contempt. See Fla.R.Crim.P. 3.830. Serving the order on the 26th for a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So. 2d 1282 (Fla.3d DCA 1989). Any contempt judgment must set forth the facts which constitute the contempt, which the judgment here failed to do. See Folsom v. Folsom, 509 So. 2d 1330 (Fla.2d DCA 1987).
GLICKSTEIN, DELL and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Christofer Korn v. Korn, 180 So. 3d 1122 (Fla. 4th DCA 2015)…ce of the contempt hearing” held insufficient); see also Gratz v. State, 84 So. 3d 1219, 1222 (Fla. 3d DCA 2012) (holding six days notice to defense counsel was “insufficient time for counsel to prepare for final contempt hearing”); Givner v. State, 559 So. 2d 466 (Fla. 4th DCA 1990) (holding that serving order to show cause on “the 26th for a contempt hearing on the 29th was insufficient notice”); Woolf v. Woolf, 901 So. 2d 905, 911 (Fla. 4th DCA 2005) (holding that two days notice is “insufficient notice” o…
Authorities Cited
- Goral v. State, 553 So. 2d 1282 (Fla. 3d DCA 1989)
- Colin R. Folsom v. Folsom, 509 So. 2d 1330 (Fla. 2d DCA 1987)