Burden Of Proof In Contempt Proceedings

44 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen
  471 So. 2d 1274· Fla.· 1985-06-20 ·cited 619×
  The Florida Supreme Court clarified the standards for civil versus criminal contempt in family support cases, holding that incarceration for civil contempt requires a separate affirmative finding that the contemnor has present ability to pay the purge amount, and disapproving ear
• In the Interest of S. L. T.
  180 So. 2d 374· Fla. 2d DCA· 1965-11-16 ·cited 96×
  Jack L. Turner appeals his contempt conviction for failing to pay court-ordered child support. The court reverses, holding that while the juvenile court had jurisdiction to adjudicate the children dependent and order support payments, Turner proved his present inability to comply
• United States & Edwin Chandler, III v. Virgil R. Rizzo, M.D., P.A.
  539 F.2d 458· 5th Cir.· 1976-09-24 ·cited 63×
  The court held that the district court erred in holding Dr. Rizzo in criminal contempt due to inadequate notice and in finding him in civil contempt without clear and convincing proof.
• Sockwell v. State
  123 So. 3d 585· Fla. 2d DCA· 2012-12-28 ·cited 32×
  Camille Sockwell appealed two indirect criminal contempt orders arising from truancy court proceedings in Charlotte County. The court reversed the contempt orders, holding that the judge violated due process by simultaneously serving as both prosecutor and judge, and failed to pr
• Faircloth v. Faircloth
  321 So. 2d 87· Fla. 1st DCA· 1975-10-29 ·cited 28×
  Richard Faircloth appeals a contempt of court judgment sentencing him to five months and 29 days for failing to pay child support, alimony, and other obligations from his divorce decree. The court held that the contempt was civil in nature, not criminal, and affirmed the commitme
• Russell v. Russell
  559 So. 2d 675· Fla. 3d DCA· 1990-04-03 ·cited 27×
  William Scott Russell, Jr. appeals a civil contempt order for failure to pay $12,187.50 in alimony and child support, challenging the trial court's finding that he had the present ability to pay. The appellate court reverses because the trial court improperly based its finding of
• Nat'l Labor Relations Bd. v. Crown Laundry & DRY Cleaners, Inc.
  437 F.2d 290· 5th Cir.· 1971-01-22 ·cited 27×
  The court held that the company is in civil contempt for violating a prior order, and that the Special Master's recommended remedies, with modifications to cost provisions, are appropriate.
• United States v. Patterson
  219 F.2d 659· 2d Cir.· 1955-01-27 ·cited 26×
  The court held that the defendant's conviction for contempt was supported by sufficient evidence, as the inference of continued possession of records was reasonable despite the defendant's claims of unavailability.
• United States v. Richard W. (Dick) Rylander, Sr.
  656 F.2d 1313· 9th Cir.· 1981-09-04 ·cited 23×
  The court held that a defendant's detailed sworn denial of knowledge regarding subpoenaed records is sufficient to meet the burden of production for an inability to comply defense.
• Naster v. Naster
  163 So. 2d 264· Fla.· 1964-04-08 ·cited 20×
  In this certiorari review, the Florida Supreme Court addressed whether financial inability to pay alimony constitutes an absolute defense to contempt citations. The Court held that while inability to pay is a valid defense when an alimony award is entered, it is not an absolute d
• Jones v. Jones
  671 So. 2d 852· Fla. 5th DCA· 1996-04-12 ·cited 18×
  The court held that the trial court properly found the former husband in contempt and sentenced him to incarceration, and that the award of attorney's fees was also proper.
• United States v. Paul D. RUE, D.D.S.
  819 F.2d 1488· 8th Cir.· 1987-06-01 ·cited 18×
  The court held that the act of producing the summoned documents did not violate Dr. Rue's Fifth Amendment privilege against self-incrimination because the existence, possession, and authenticity of the documents were a foregone conclusion to the IRS, and the contempt order was pr
• Sanchez v. United States
  725 F.2d 29· 2d Cir.· 1984-01-05 ·cited 17×
  The court held that the district court applied too strict a standard in denying the motion to terminate civil contempt, requiring further consideration.
• Nat'l Labor Relations Bd. v. Trans Ocean Exp. Packing, Inc.
  473 F.2d 612· 9th Cir.· 1973-01-02 ·cited 17×
  The court held that the company and its president were in civil contempt for failing to comply with a prior enforcement order, and outlined the steps required to purge the contempt.
• Mitchell v. Fiore
  470 F.2d 1149· 3d Cir.· 1972-12-12 ·cited 16×
  The court held that a criminal contempt sentence of incarceration for violating a Fair Labor Standards Act injunction is impermissible if the defendant has not been previously convicted under the Act's criminal provision, as the statute explicitly limits imprisonment to offenses
• United States & Scott R. Hammond v. Rogers Transp., Inc.
  793 F.2d 557· 3d Cir.· 1986-06-20 ·cited 12×
  A one-person corporation cannot avoid contempt for failing to produce summoned records by merely showing it took steps to find them; it must prove the records do not exist or are otherwise unavailable.
• Waskin v. Waskin
  452 So. 2d 999· Fla. 3d DCA· 1984-06-19 ·cited 12×
  In a contempt proceeding for willful nonpayment of alimony, an ex-husband claimed inability to pay due to expenses defending against criminal charges, including a murder conspiracy charge against the ex-wife. The court struck his testimony when he refused to answer whether he con
• Nat'l Labor Relations Bd. v. Constr. & Gen. Laborers' Union Local 1140
  577 F.2d 16· 8th Cir.· 1978-05-08 ·cited 10×
  The court held that the Union was in civil contempt for engaging in proscribed secondary activity, and that a union trustee acting to further union goals was acting as a union agent, not solely as a trustee.
• United States & Albert Rodriguez, Jr. v. Meeks
  642 F.2d 733· 5th Cir.· 1981-04-17 ·cited 9×
  A civil contempt order requiring a party to explain the whereabouts of business records, where such explanation might incriminate him, must be vacated because it forces the party to sacrifice a constitutional right.
• Lawrence v. State
  755 So. 2d 139· Fla. 2d DCA· 1999-12-15 ·cited 8×
  Lawrence appeals a contempt judgment for failure to pay child support. The appellate court reverses the contempt finding, holding that Lawrence presented sufficient evidence of his inability to pay the ordered bi-weekly support amount, shifting the burden back to the trial court
• In re Jaques v. Reiss S.S. Co.
  761 F.2d 302· 6th Cir.· 1985-05-06 ·cited 8×
  The court affirmed the district court's judgment, finding the contempt proceedings civil in nature and that the appellant was not prejudiced by the lack of specification.
• Garo v. Garo
  327 So. 2d 845· Fla. 4th DCA· 1976-01-09 ·cited 8×
  In a contempt proceeding for nonpayment of alimony, the court held that once the petitioner proves non-payment, a prima facie case of contempt is established, and the burden shifts to the respondent to present evidence of inability to pay. The trial court's finding of willful def
• Kan. City Power & Light Co. v. Nat'l Labor Relations Bd. (association of Emps. of Kan. City Power & Light Co.
  137 F.2d 77· 8th Cir.· 1943-07-26 ·cited 8×
  The court held that the Board failed to prove the Independent Union was a continuation or successor of the previously disestablished Association, and thus the company was not in contempt of the prior enforcement decree.
• Ingram v. State
  933 So. 2d 734· Fla. 2d DCA· 2006-07-26 ·cited 6×
  James Calvin Ingram appeals his criminal contempt conviction and six-month jail sentence after failing to appear for trial pursuant to a subpoena served on his mother. The appellate court reversed, finding that Ingram was denied his right to counsel at the contempt hearing in vio
• United States & Albert Rodriguez, Jr. v. Meeks
  719 F.2d 809· 5th Cir.· 1983-11-18 ·cited 6×
  A claim of privilege against self-incrimination cannot substitute for evidence proving inability to produce records at a contempt hearing; the burden of proof is on the individual.
• Hamilton v. State
  363 So. 2d 580· Fla. 3d DCA· 1978-10-10 ·cited 6×
  The court held that the evidence was insufficient to support an adjudication of indirect criminal contempt.
• Register v. Pita
  546 So. 2d 1162· Fla. 1st DCA· 1989-07-27 ·cited 4×
  The court held that the trial court did not err in finding the appellant in contempt for failing to pay child support, as he failed to demonstrate an inability to pay.
• Sigety v. Abrams
  632 F.2d 969· 2d Cir.· 1980-09-02 ·cited 4×
  The court held that Sigety's incarceration for civil contempt did not violate his Fifth Amendment rights because his testimony was not incriminating, and his due process claims were also without merit.
• Sec. & Exch. Comm'n v. Yun
  208 F. Supp. 2d 1279· M.D. Fla.· 2002-06-20 ·cited 3×
  The court held that the defendant's motion for a stay pending appeal is denied unless she secures a full supersedeas bond within ten days, and she is found in civil contempt for failing to comply with the prior judgment.
• Polli v. Vina
  557 So. 2d 55· Fla. 3d DCA· 1989-12-12 ·cited 2×
  Patricia Polli sought to hold her ex-husband George Vina in contempt for failing to pay $14,800 in court-ordered child support. The trial court denied her motion, but the appellate court reversed, holding that Vina failed to rebut the presumption of ability to pay by presenting o
• In re Grand Jury Subpoena Duces Tecum v. United States
  868 F.2d 1014· 8th Cir.· 1989-03-03 ·cited 2×
  A party asserting inability to comply with a grand jury subpoena must produce evidence of non-possession at the contempt hearing, and cannot raise the defense of non-possession for the first time at that hearing if it could have been raised earlier.
• Wright v. Wright
  418 So. 2d 475· Fla. 4th DCA· 1982-09-01 ·cited 2×
  The court held that the trial court did not err in finding the appellant had the present ability to pay alimony and child support, as the burden was on him to prove otherwise.
• Black Diamond Coal Mining Co. v. Local Union # 8460
  597 F.2d 494· 5th Cir.· 1979-06-21 ·cited 2×
  A union can only be held in contempt if the strike was conducted or encouraged by its members functioning as a union, its agents, or ratified by its inaction, and the district court must make specific findings to support these preconditions.
• Petition of James Steven Hughes
  318 So. 2d 409· Fla. 4th DCA· 1975-09-12 ·cited 2×
  A Florida appellate court reversed a trial court's finding of civil contempt against a natural mother for allegedly violating visitation orders in a custody dispute, holding that the contempt finding was improper because no testimony was taken and the moving party presented no ev
• In re Amdur
  137 F.2d 708· 3d Cir.· 1943-08-16 ·cited 2×
  The court held that the bankrupt's unsupported assertion of inability to comply with a turnover order, without showing events occurring after the order that caused this inability, is insufficient to avoid a contempt adjudication.
• Phoenix Marine Enters., Inc. v. One (1) Hylas 46' Convertible Sportfisherman Hull 1
  681 F. Supp. 1523· S.D. Fla.· 1988-02-16 ·cited 1×
  Phoenix Marine Enterprises obtained a permanent injunction and judgment for specific performance against Louis Leggio and Europa Yachts requiring them to sign documents and deliver the Master Carpenter's Certificate necessary to transfer a Hylas 46' vessel. After Leggio and Europ
• Ecott v. Ecott
  509 So. 2d 388· Fla. 3d DCA· 1987-07-07 ·cited 1×
• Pliteq, Inc. v. Maged Mostafa
  S.D. Fla.· 2025-10-30
  The court found the defendant in civil contempt for violating prior court orders and imposed coercive sanctions, while denying the request to initiate criminal contempt proceedings at this time.
• Kleiman v. Wright
  S.D. Fla.· 2024-01-05
  The court affirmed the magistrate judge's order, overruling the plaintiff's objections and finding that the later-filed financial disclosure form was substantially compliant, but scheduled a civil contempt hearing for the period of prior non-compliance.
• Blackwelder v. Vedder
  734 So. 2d 523· Fla. 5th DCA· 1999-05-21
  Benjamin Blackwelder challenged his civil contempt incarceration for nonpayment of alimony, arguing he lacked the present ability to pay the purge amount. The court granted his habeas corpus petition, finding the trial court erred in ordering his jail commitment because he met hi
• Phillips v. Phillips
  588 So. 2d 9· Fla. 2d DCA· 1991-10-09
  Husband appeals a civil contempt order for nonpayment of temporary support in a dissolution of marriage action. The appellate court reversed, finding the trial court's determination that the husband had the ability to pay the arrearage was unsupported by the evidence.
• United States v. Beckman
  545 F. Supp. 1284· M.D. Fla.· 1982-09-01
  A respondent cannot be held in civil contempt for failing to produce documents if doing so would require sacrificing a Fifth Amendment privilege against self-incrimination, especially when the respondent has testified to their inability to comply and there's no prior finding of a
• United States v. O'Day
  667 F.2d 430· 4th Cir.· 1981-11-19
  A witness's unsubstantiated claim of discovering an electronic surveillance device, without evidence of government involvement, does not justify refusal to testify before a grand jury after being granted immunity.