EARL M. EDEN, A/K/A ERIK EDEN, PETITIONER,
v.
THE BANK OF NEW YORK, RESPONDENT
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PER CURIAM.
After finding petitioner in contempt for failure to comply with a court order to respond to a request for discovery in aid of execution on a final judgment, the trial court issued a writ of bodily attachment. The trial court did not condition the writ on compliance with the order to respond to the request for discovery. Rather, the court imposed a purge provision which required petitioner to satisfy a money judgment in the amount of $270,976.49, or post a bond of that same amount. In so doing, the trial court departed from the requirements of law. See Bowen v. Bowen, 471 So. 2d 1274, 1277 (Fla.1985); Sarron v. Crawford, 464 So. 2d 644 (Fla. 3d DCA 1985). The trial court evidently issued the writ based upon its reliance on language in Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976), from which the supreme court receded in Bowen.
Accordingly, we grant the petition for writ of certiorari and quash the writ of bodily attachment.
DELL, STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Myron B. Berman v. Lawrence, 590 So. 2d 556 (Fla. 3d DCA 1991)…could be released only upon posting a cash bond in the amount of the underlying money judgment. Since such a contempt order must contain a purge provision conditioned only on the production of the documents in question, Eden v. The Bank of New York, 588 So. 2d 16 (Fla. 4th DCA 1991), and cases cited, the order under review is therefore fatally defective. Eden. On this ground, the instant application for habeas corpus is granted and the order below is quashed without prejudice to further appropriate procee…
Authorities Cited
- Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
- Faircloth v. Faircloth, 339 So. 2d 650 (Fla. 1976)
- Sarron v. Crawford, 464 So. 2d 644 (Fla. 3d DCA 1985)