CRAIG MICHAEL PORTER, APPELLANT,
v.
JODI AYN MUMFORD PORTER AND THE STATE OF FLORIDA, APPELLEES
PER CURIAM.
Craig Michael Porter appeals an order of commitment pursuant to an adjudication of indirect criminal contempt. As the state properly concedes, the trial court erred in failing to comply with the procedures set forth in Florida Rule of Criminal Procedure 3.840. See De Mauro v. State, 632 So. 2d 727 (Fla. 3d DCA 1994). Accordingly, we reverse the finding of criminal contempt and order of commitment and remand for a new hearing. The matter shall be heard before a different judge as Porter’s motion to recuse the judge was legally sufficient to establish the he had a well-grounded fear that he would not receive a fair hearing. See Fischer v. Knuck, 497 So. 2d 240 (Fla.1986); Wargo v. Wargo, 669 So. 2d 1123 (Fla. 4th DCA 1996).
Reversed and remanded.
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Lincoln Ins. Co. v. Home Emergency Servs., Inc., 812 So. 2d 433 (Fla. 3d DCA 2002)…Ass’n v. Revoredo, 698 So. 2d 890 (Fla. 3d DCA 1997)(applying standard employee exclusion provision), review denied, 703 So. 2d 477 (Fla.1997); accord Aetna Commercial Ins. Co. v. American Sign Co., 687 So. 2d 834 (Fla. 2d DCA 1996), review denied, 698 So. 2d 643 [*440] (Fla.1997). See generally Griffin v. Speidel, 179 So. 2d 569 (Fla.1965); Greathead v. Asplundh Tree Expert Co., 473 So. 2d 1380 (Fla. 1st DCA 1985); Aetna Fire Underwriters Ins. v. Williams, 422 So. 2d 7 (Fla. 2d DCA 1982). Although I rather…
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LO v. LO, 878 So. 2d 424 (Fla. 3d DCA 2004)…ng the differences between the parties and fostering the best interests of the children,1 we also find that in the interests of insuring fairness, any further proceedings on this issue should be held before a different trial judge. Porter v. Porter, 698 So. 2d 643 (Fla. 3d DCA 1997). . During the course of these proceedings one of the children has achieved the age of majority.…
Authorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Wargo v. Bettina Li Belles Wargo and Julie Koenig, 669 So. 2d 1123 (Fla. 4th DCA 1996)
- De Mauro v. State, 632 So. 2d 727 (Fla. 3d DCA 1994)