Due Process In Contempt Proceedings

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

• Faircloth v. Faircloth
  339 So. 2d 650· Fla.· 1976-11-18 ·cited 177×
  The Florida Supreme Court held that a contempt commitment for violation of a family law order must include an affirmative judicial finding that the defendant either presently has the ability to comply with the order and willfully refuses, or previously had such ability but divest
• Baumgartner v. Joughin
  105 Fla. 335· Fla.· 1932-04-26 ·cited 106×
  Baumgartner petitioned for habeas corpus after being committed for contempt of court for approaching a prospective juror and offering him a "proposition" in a murder case. The Florida Supreme Court held that attempting to improperly influence a prospective juror, whether before o
• N.H. Newman v. Graddick
  740 F.2d 1513· 11th Cir.· 1984-09-10 ·cited 53×
  The court held that a consent decree is a judicial act subject to modification and that total compliance is not a prerequisite for considering modification. It also affirmed the validity of the consent decree and attorney fee awards while reversing contempt findings based on proc
• Colondro Peters v. State
  626 So. 2d 1048· Fla. 4th DCA· 1993-11-10 ·cited 51×
  Peters appealed both a resentencing and a contempt conviction imposed at that hearing. The trial court failed to comply with statutory requirements for adult sentencing of juveniles and violated criminal procedure rules governing contempt adjudication.
• In re the Grand Jury. In re Veronica Vigil
  524 F.2d 209· 10th Cir.· 1975-10-02 ·cited 34×
  The court held that the witness's claims of unlawful electronic surveillance and marital privilege were insufficient to constitute 'just cause' for refusing to testify, and that the grant of use immunity adequately protected her Fifth Amendment rights.
• Wash. Metro. Area Transit Auth. v. Amalgamated Transit Union
  531 F.2d 617· D.C. Cir.· 1976-02-25 ·cited 33×
  The court affirmed the district judge's conclusion that the Union did not act in good faith to end the strike, but remanded due to the lack of specific findings of fact and conclusions of law.
• The N. Am. Coal Corp. v. Local Union 2262
  497 F.2d 459· 6th Cir.· 1974-05-10 ·cited 32×
  The court held that the preliminary injunction was invalid due to the district court's failure to consider equitable factors and irreparable harm, and that the contempt convictions against the individual officers and the local union were invalid due to procedural errors and lack
• Fisher v. State
  482 So. 2d 587· Fla. 1st DCA· 1986-02-07 ·cited 27×
  Bobby Fisher appealed his direct criminal contempt conviction for refusing to submit handwriting samples in a forgery prosecution. The Florida appellate court reversed, holding that the trial court failed to comply with mandatory procedural requirements under Rule 3.830, Fla.R.Cr
• Carbon Fuel Co. v. United Mine Workers OF Am.
  517 F.2d 1348· 4th Cir.· 1975-06-19 ·cited 24×
  The court held that the contempt proceedings were criminal in nature, making the judgment appealable and requiring reversal due to procedural due process violations.
• James and Joyce Ferrell v. Pierce
  785 F.2d 1372· 7th Cir.· 1986-03-21 ·cited 22×
  The court held that the district court abused its discretion by holding HUD in contempt because the consent decree did not contain an unambiguous command that HUD violated, and HUD was not given a fair opportunity to litigate the change-in-policy charge.
• Martin v. State
  711 So. 2d 1173· Fla. 4th DCA· 1998-04-08 ·cited 20×
  Anthony Martin was found in direct criminal contempt of court and sentenced to 30 days in jail for accusing the trial judge of corruption during a hearing. The appellate court reversed because the trial judge failed to comply with Florida Rule of Criminal Procedure 3.830 by not g
• Cokonougher v. Cokonougher
  543 So. 2d 460· Fla. 2d DCA· 1989-05-26 ·cited 19×
  The court held that a civil contempt order is deficient if it prospectively orders incarceration without a specific finding of the contemnor's present ability to pay the purge amount. The court also held that an issue regarding attorney's fees is not ripe for review when the tria
• In re Chaplain
  621 F.2d 1272· 4th Cir.· 1980-05-07 ·cited 19×
  The dissenting judge would hold that the trial judge became so embroiled in personal controversy with the defendant that his impartiality was compromised, disqualifying him from summarily adjudging guilt for direct contempt.
• United States v. Marra
  482 F.2d 1196· 2d Cir.· 1973-07-12 ·cited 18×
  Summary criminal contempt under Rule 42(a) is not available for a witness's orderly refusal to testify, even after a grant of immunity and in the presence of the jury, as such conduct does not constitute the type of immediate disruption or flagrant defiance requiring summary disp
• Hess v. NEW Jersey Transit Rail Operations, Inc.
  846 F.2d 114· 2d Cir.· 1988-04-21 ·cited 16×
  The court held that the district court's contempt order was criminal, not civil, and was improperly issued because the order requiring a 'bonafide' settlement offer was too vague to support a criminal contempt finding.
• Nat'l Labor Relations Bd. v. Cincinnati Bronze, Inc.
  829 F.2d 585· 6th Cir.· 1987-09-21 ·cited 16×
  The court held that the district court retained jurisdiction to enforce its prior order, even while an appeal was pending, and that CBI was not denied due process at the contempt hearing. Sanctions were awarded for a frivolous appeal.
• Mann v. State
  476 So. 2d 1369· Fla. 2d DCA· 1985-10-18 ·cited 16×
  W. Robert Mann, a Florida attorney, was found guilty of direct criminal contempt for statements attacking the dignity and integrity of the trial court during multiple proceedings. The appellate court affirmed the contempt conviction, rejecting Mann's arguments that the intent ele
• Matusow v. United States
  229 F.2d 335· 5th Cir.· 1956-01-27 ·cited 16×
  The court held that Matusow's actions, primarily occurring outside the court's presence, did not constitute contempt under Rule 42(a) and required a plenary hearing under Rule 42(b), which was not properly conducted.
• Parmelee Transp. Co. v. Keeshin
  294 F.2d 310· 7th Cir.· 1961-07-06 ·cited 15×
  The dissenting judge would reverse the conviction under Specification 6, finding that the attorney's statement, made under frustrating circumstances and followed by compliance, did not constitute an obstruction of justice.
• Computer Scis. Corp. v. Nat'l Labor Relations Bd.
  677 F.2d 804· 11th Cir.· 1982-06-04 ·cited 13×
  The court held that it is inappropriate to decide bona fide successorship disputes in a contempt application, and that such issues should first be determined by the agency with expertise.
• Dorsey K. Offutt v. United States
  232 F.2d 69· D.C. Cir.· 1956-02-16 ·cited 12×
  The court held that the trial court erred by denying the appellant's proffer of evidence, which was relevant to his defense and mitigation of punishment for criminal contempt.
• United States ex rel. Bowles v. Seidmon
  154 F.2d 228· 7th Cir.· 1946-03-19 ·cited 12×
  The court held that the defendants were properly found guilty of criminal contempt for violating preliminary injunctions by engaging in the practice of 'top dressing' scrap metal, and the fines imposed were not erroneous.
• Gonzalo Fernos-Lopez v. United States Dist. Court FOR the Dist. OF Puerto RICO
  599 F.2d 1087· 1st Cir.· 1979-06-14 ·cited 10×
  The court held that the bankruptcy judge's failure to follow the prescribed procedure for contempt, specifically Bankruptcy Rule 920, required vacating the conviction.
• Yacenda Hudson and Amina McNeil v. Marin
  259 So. 3d 148· Fla. 3d DCA· 2018-08-15 ·cited 8×
  In these consolidated prohibition proceedings, the Florida Third District Court of Appeal granted petitioners' writ of prohibition halting indirect criminal contempt proceedings against attorneys Yacinda Hudson and Amina McNeil. The court held that the attorneys' alleged conduct
• Mason v. Reiter
  531 So. 2d 348· Fla. 3d DCA· 1988-08-09 ·cited 8×
  In a consolidated appeal from a paternity proceeding, the Third District Court of Appeal affirmed the trial court's determination that Jacob Mason was the father of the child Sheeba and upheld the temporary child support award, but reversed a criminal contempt conviction against
• United States v. Bradt
  294 F.2d 879· 6th Cir.· 1961-09-25 ·cited 6×
  The court held that where contempt proceedings involve personal animosity between the judge and the alleged contemnors, the proceedings should be heard by a different judge, not the one involved in the controversy.
• Van Lent v. The Everglades Found., Inc.
  400 So. 3d 64· Fla. 3d DCA· 2024-10-30 ·cited 3×
  The trial court's finding that Van Lent intentionally violated the temporary injunction is supported by competent substantial evidence and is affirmed. Van Lent's credibility findings are well-supported, particularly given his own testimony that he knew the injunction prohibited
• Phelps v. State
  236 So. 3d 1162· Fla. 2d DCA· 2018-01-31 ·cited 3×
  Failure to comply with the procedural requirements of Florida Rule of Criminal Procedure 3.830 in a direct criminal contempt proceeding constitutes fundamental error requiring reversal, even when the defendant does not raise the issue initially. The trial court must inform the de
• A.L.B. v. State
  675 So. 2d 668· Fla. 1st DCA· 1996-06-18 ·cited 3×
  A juvenile adjudicated delinquent for criminal mischief and placed on community control violated the terms by disobeying parental demands, being expelled from school, and violating curfew. The trial court held him in contempt and imposed three separate sentences totaling 33 days.
• Perez v. State of Fla. & Madison Weiss
  334 So. 3d 742· Fla. 5th DCA· 2022-03-14 ·cited 1×
  A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
• Koepke v. Koepke
  275 So. 3d 1278· Fla. 5th DCA· 2019-07-26 ·cited 1×
  The trial court properly found indirect criminal contempt where the defendant, a lawyer, intentionally concealed a personal injury settlement and diverted attorneys' fees into an irrevocable trust to shield assets from alimony obligations. Service of the order to show cause via t
• Neilinger v. Jenne
  830 So. 2d 245· Fla. 4th DCA· 2002-11-13 ·cited 1×
  The court reversed a criminal contempt conviction and incarceration order because the trial court failed to comply with procedural requirements of Florida Rule of Criminal Procedure 3.840, including failure to issue an order to show cause with essential facts, failure to arraign
• Micallef v. State
  Fla. 5th DCA· 2023-07-14
  A trial court must strictly comply with the procedural requirements of Florida Rule of Criminal Procedure 3.830 when adjudicating direct criminal contempt, including providing the defendant opportunity to explain the conduct and present evidence of excusing or mitigating circumst
• Ramos v. N. Star Ent. Firm
  Fla. 4th DCA· 2020-04-29
  A trial court abuses its discretion in finding direct criminal contempt for perjury when it weighs conflicting evidence, relies on out-of-court documents, or the defendant does not admit the falsity of the statements. Direct criminal contempt for perjury requires that the falsity
• A.A. v. State
  Fla. 3d DCA· 2019-02-27
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• A.A. v. State
  Fla. 3d DCA· 2019-02-27
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• Hudson v. Marin
  Fla. 3d DCA· 2018-08-15
  A writ of prohibition is available to prevent an indirect criminal contempt proceeding where the underlying show cause order lacks an adequate factual basis and the petitioners did not violate any court order. The petitioners did not violate the discovery order, which was directe
• Neil G. Powell, M.D. v. Washington
  233 So. 3d 1156· Fla. 5th DCA· 2017-10-20
  Dr. Powell appeals a trial court's award of attorney's fees against him as a sanction, claiming the court lacked proper procedure. The appellate court reverses, holding that the sanction functioned as criminal contempt requiring strict procedural compliance under Florida Rule of
• United States v. Michaud
  928 F.2d 13· 1st Cir.· 1991-03-15
  The court held that the appellant was aware of the consequences of proceeding pro se and had the financial ability to pay the fine, thus affirming the contempt judgment.