Florida Rule Of Criminal Procedure 3.840

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

• Thomson v. State
  398 So. 2d 514· Fla. 2d DCA· 1981-05-27 ·cited 56×
  Charles E. Thomson, an attorney, was held in criminal contempt for failing to appear at a trial calendar call after previously discussing the case with the prosecutor, though he had decided not to represent the defendant and believed the defendant's parents would inform the court
• Plank v. State
  190 So. 3d 594· Fla.· 2016-03-17 ·cited 37×
  The Florida Supreme Court resolved an interdistrict conflict regarding the right to counsel in direct criminal contempt proceedings. The court held that trial courts are not required to appoint counsel or provide an opportunity to seek counsel in direct criminal contempt cases wh
• Wilcoxon v. Moller
  132 So. 3d 281· Fla. 4th DCA· 2014-01-08 ·cited 35×
  Former Wife appeals a post-dissolution order holding her in contempt, modifying the time-sharing agreement, and awarding attorney's fees. The Fourth District Court of Appeal affirmed in part and reversed in part, finding the contempt order defective, the time-sharing modification
• 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
• Landingham v. Landingham
  685 So. 2d 946· Fla. 1st DCA· 1996-12-20 ·cited 32×
  Angela Landingham appealed a trial court order that changed primary physical residence of her minor daughter to the former husband, denied her petition to remove a relocation restriction, and found her in contempt. The court reversed all three holdings, finding that the former wi
• Baker v. Green
  732 So. 2d 6· Fla. 4th DCA· 1999-03-31 ·cited 30×
  Ellen Baker appeals a contempt order finding her in indirect criminal contempt and imposing a $10,000 fine for disobeying court orders regarding summer visitation. The court reversed the contempt finding and fine because the trial court failed to comply with Florida Rule of Crimi
• Giles v. Renew
  639 So. 2d 701· Fla. 2d DCA· 1994-07-20 ·cited 27×
  The court held that the trial court's failure to strictly comply with Rule 3.840, specifically regarding service of the order to show cause and stating essential facts constituting the contempt, constituted fundamental error requiring reversal.
• Levey v. D'Angelo
  819 So. 2d 864· Fla. 4th DCA· 2002-05-29 ·cited 22×
  Lewis Levey, a trial attorney, appeals a contempt citation for conduct during supplemental proceedings. The trial court imposed a fine and jail sentence labeled as indirect civil contempt, but the appellate court determined the sanction was actually criminal contempt that violate
• Bray v. Rimes
  574 So. 2d 1114· Fla. 2d DCA· 1990-12-21 ·cited 19×
  The court held that the trial court erred in finding the mother in contempt and imposing a jail sentence because the order to show cause failed to comply with procedural due process requirements for indirect criminal contempt.
• Doyle Williams v. State
  698 So. 2d 1350· Fla. 1st DCA· 1997-09-16 ·cited 18×
  The trial court's failure to include a factual recitation in its written contempt judgment and its failure to offer the defendant an opportunity to show cause for the first contempt charge constitute reversible error.
• Walker v. Honorable E. Randolph Bentley
  660 So. 2d 313· Fla. 2d DCA· 1995-08-30 ·cited 18×
  Walker seeks a writ of prohibition to prevent a circuit judge from prosecuting him for indirect criminal contempt for violating a domestic violence injunction. The court holds that despite the legislature's 1994 amendment limiting enforcement to civil contempt, circuit courts ret
• In re Inquiry Concerning a Judge
  641 So. 2d 366· Fla.· 1994-06-16 ·cited 18×
  The Florida Supreme Court approved the Judicial Qualifications Commission's recommendation to publicly reprimand Judge Daniel W. Perry for conduct unbecoming a member of the judiciary. Judge Perry was found guilty of two charges: unnecessarily admonishing an army recruiter for we
• State v. DE LA Portilla
  177 So. 3d 965· Fla.· 2015-11-05 ·cited 16×
  The Florida Supreme Court held that a failure to appear pursuant to a court order must be prosecuted as indirect criminal contempt under Rule 3.840, not direct criminal contempt under Rule 3.830, overruling prior precedent and answering a certified question of great public import
• Brown v. State
  595 So. 2d 259· Fla. 2d DCA· 1992-03-11 ·cited 16×
  Jeffrey Alan Brown appealed his six-month jail sentence for indirect contempt of court after violating a domestic violence protection injunction by confronting his former wife and her date at her home. The Florida District Court of Appeal affirmed the sentence, rejecting both his
• Pendley v. State
  392 So. 2d 321· Fla. 1st DCA· 1980-12-31 ·cited 16×
  The court held that a witness's refusal to testify before a grand jury, even when ordered by the court, does not constitute direct criminal contempt punishable summarily, and requires notice and opportunity for counsel.
• Blechman v. Dely
  138 So. 3d 1110· Fla. 4th DCA· 2014-05-14 ·cited 15×
  Robert Blechman appeals his removal as personal representative of his father's estate and a finding of indirect criminal contempt. The Fourth District Court of Appeal reversed, holding that the trial court violated Blechman's due process rights by finding him in criminal contempt
• De Mauro v. State
  632 So. 2d 727· Fla. 3d DCA· 1994-03-08 ·cited 14×
  Mary De Mauro appeals an incarceration order for civil contempt arising from her failure to comply with a custody order. The court reverses, holding that once the purge provision was satisfied by returning the children, no further incarceration could be imposed under the civil co
• Reins v. Johnson
  604 So. 2d 911· Fla. 2d DCA· 1992-09-04 ·cited 13×
  The court held that contempt proceedings must satisfy Florida Rule of Criminal Procedure 3.840, including initiation by an order to show cause and recitation of facts constituting contempt.
• Myer Berlow v. Berlow
  21 So. 3d 81· Fla. 3d DCA· 2009-10-14 ·cited 12×
  In a post-dissolution family law dispute, the former husband was found in contempt for failing to obtain a $1,000,000 irrevocable term life policy as required by court order and settlement agreement. The appellate court reversed because the contempt order imposed a criminal sanct
• Mendana v. Mendana
  911 So. 2d 130· Fla. 3d DCA· 2005-05-04 ·cited 12×
  Jose Mendana appeals from a trial court order finding him in indirect criminal and civil contempt for failing to pay child support and attorney's fees following his divorce. The appellate court affirms the contempt findings but reverses and remands the criminal contempt sentence
• Lindman v. Ellis
  658 So. 2d 632· Fla. 2d DCA· 1995-07-21 ·cited 12×
  Carol Lindman and John McMillin were found in contempt of court for refusing to allow a court-appointed receiver to cast votes at a condominium association meeting. The appellate court reversed, finding that the trial court failed to follow proper criminal contempt procedures and
• Malissa Fiore v. Athineos
  9 So. 3d 1291· Fla. 4th DCA· 2009-05-27 ·cited 11×
  The Fourth District Court of Appeal reversed a finding of direct criminal contempt against a mother for her failure to execute and return passport applications, holding that the mother's conduct did not occur in the actual presence of the court and therefore did not qualify as di
• Bradford C. Hagerman v. Hagerman
  751 So. 2d 152· Fla. 2d DCA· 2000-01-28 ·cited 11×
  Bradford Hagerman was adjudicated guilty of indirect criminal contempt for failing to comply with a support order. The Florida appellate court reversed the conviction because the contempt proceedings violated Rule of Criminal Procedure 3.840 by failing to set forth essential fact
• Gratz v. State
  84 So. 3d 1219· Fla. 3d DCA· 2012-04-11 ·cited 10×
  John Timothy Gratz was adjudged in indirect criminal contempt for willful failure to pay child support and sentenced to ninety days in jail. The Florida District Court of Appeal reversed and remanded, finding that the trial court abused its discretion by denying a continuance req
• FOX v. State
  490 So. 2d 1288· Fla. 5th DCA· 1986-06-19 ·cited 10×
  The court held that the appellant was entitled to reasonable time to prepare a defense and to appointed counsel if indigent, as the contempt charged was indirect criminal contempt.
• Bowen v. Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs.
  454 So. 2d 565· Fla. 2d DCA· 1984-01-25 ·cited 10×
  This case addresses whether a parent can be imprisoned for contempt of court for failing to make child support payments when the parent has divested himself of the ability to pay through his own fault or neglect, and whether the parent is entitled to counsel at such a contempt he
• State ex rel. Franklin C. Coody v. The Honorable Bernard C. Muszynski
  404 So. 2d 165· Fla. 5th DCA· 1981-09-28 ·cited 10×
  The court held that the amended order of commitment for criminal contempt was invalid because the petitioner was not afforded the required procedural due process safeguards.
• Reba Jean Bukszar v. Bukszar
  368 So. 2d 430· Fla. 2d DCA· 1979-03-07 ·cited 10×
  The court held that the trial court's failure to follow mandatory procedures for indirect criminal contempt requires vacating the contempt order.
• J-Ii Invs., Inc. v. Leon Cnty.
  21 So. 3d 86· Fla. 1st DCA· 2009-10-20 ·cited 9×
  J-II Investments and its principal challenged a trial court's contempt order imposing a $314,068 fine for failing to purge an earlier contempt finding by submitting a complete environmental permit application. The appellate court affirmed, holding that the fine was a valid civil
• Johnson v. Felton
  655 So. 2d 1286· Fla. 3d DCA· 1995-06-07 ·cited 9×
  A civil contempt order for incarceration requires an affirmative finding that the obligor has the present ability to pay the purge amount.
• Christofer Korn v. Korn
  180 So. 3d 1122· Fla. 4th DCA· 2015-12-04 ·cited 8×
  The court held that the time between the order to show cause and the hearing was unreasonably short for defense preparation, and the trial judge improperly drew a negative inference from the appellant's invocation of his Fifth Amendment right against self-incrimination.
• Allie Louis Cone, III v. Gillson
  861 So. 2d 1210· Fla. 2d DCA· 2003-12-10 ·cited 8×
  The appellate court held that an order of indirect criminal contempt must be reversed because the order to show cause failed to comply with Florida Rule of Criminal Procedure 3.840.
• Hill v. State
  643 So. 2d 1178· Fla. 2d DCA· 1994-10-14 ·cited 8×
• Mauney v. State
  507 So. 2d 746· Fla. 5th DCA· 1987-05-21 ·cited 8×
  The Speedy Trial Rule does not apply to indirect criminal contempt proceedings, and the evidence supported a finding of willful contempt.
• Queener v. Queener
  495 So. 2d 269· Fla. 2d DCA· 1986-10-01 ·cited 8×
  Bonnie Queener appeals a contempt finding for failing to pay a lump-sum alimony installment. The appellate court affirms the contempt finding but vacates the jail sentence and remands for an evidentiary hearing to determine her present ability to pay, as required in civil contemp
• Hope v. State
  449 So. 2d 1315· Fla. 2d DCA· 1984-04-11 ·cited 8×
  Richard Hope was convicted of indirect criminal contempt for refusing to testify before a grand jury after being granted statutory immunity. The Florida appellate court affirmed his conviction and sentence, rejecting his arguments that the trial judge should have recused himself
• Dolin v. Dolin
  654 So. 2d 223· Fla. 5th DCA· 1995-04-21 ·cited 7×
  Robin Dolin appeals from an amended contempt order after the trial court changed its original indirect criminal contempt finding to a civil contempt order while her first appeal was pending. The court quashed the indirect criminal contempt order for failure to follow proper proce
• Payne v. State
  486 So. 2d 74· Fla. 4th DCA· 1986-04-09 ·cited 7×
• Paletti v. State
  727 So. 2d 291· Fla. 1st DCA· 1999-02-12 ·cited 6×
  Tim Paletti was held in indirect criminal contempt for allegedly violating court orders regarding real property. The appellate court reversed, finding the trial court failed to comply with fundamental due process requirements in conducting the contempt proceeding, including failu
• Johnie Lee Rader v. State
  571 So. 2d 556· Fla. 4th DCA· 1990-12-19 ·cited 6×
  Johnie Lee Rader was held in indirect criminal contempt for disobeying a court order in a domestic dispute and sentenced to four months in jail. The Fourth District Court of Appeal affirmed his conviction despite concluding that a court reporter should have been present at the co
• Cancino v. Cancino
  273 So. 3d 122· Fla. 3d DCA· 2019-02-13 ·cited 5×
  A final judgment provision requiring parties to "share parental responsibility for the children consistent with Florida Statute" is not sufficiently explicit and precise to support a finding of indirect criminal contempt for violations of that obligation. Contempt sanctions requi
• Ned Pole v. State
  198 So. 3d 961· Fla. 2d DCA· 2016-08-10 ·cited 5×
  Ned Pole was convicted of direct criminal contempt for arriving late and intoxicated to a divorce hearing, interrupting the judge, and disrupting proceedings. The appellate court reversed, holding that Pole's conduct constituted indirect rather than direct criminal contempt and t
• Tejada v. State
  729 So. 2d 965· Fla. 3d DCA· 1999-03-10 ·cited 5×
  Jose Tejada was held in direct criminal contempt for allegedly lying under oath when he testified that he had known a defendant (Casalta) for three years to support Casalta's release on recognizance. Three days later, Tejada recanted his testimony. The court reversed, holding tha
• Wisniewski v. Wisniewski
  657 So. 2d 944· Fla. 2d DCA· 1995-07-12 ·cited 5×
  The court held that an order to show cause for indirect criminal contempt was insufficient to meet due process requirements because it did not state the essential facts constituting the contempt.
• Blaine Thomas Hofeling v. Laura Catherine Hofeling (Witkowski)
  546 So. 2d 1176· Fla. 2d DCA· 1989-08-02 ·cited 5×
• White v. Junior
  219 So. 3d 230· Fla. 3d DCA· 2017-05-17 ·cited 4×
  Travis White petitions for habeas corpus after being convicted of direct criminal contempt for failing to submit to a court-ordered drug test and return to court in a dependency proceeding. The Florida District Court of Appeal vacates the conviction and remands for prosecution as
• Tjada T. Smith v. State
  144 So. 3d 651· Fla. 2d DCA· 2014-08-08 ·cited 4×
  Smith, a witness in criminal charges against Brown, failed to appear at a scheduled trial after being subpoenaed. The State initiated contempt proceedings against her, resulting in adjudications of guilt and 60-day probation sentences in two cases. The appellate court reversed bo
• Higgins v. Higgins
  945 So. 2d 593· Fla. 2d DCA· 2006-12-15 ·cited 4×
  Ms. Higgins appeals two January 2006 post-judgment orders: one holding her in criminal contempt and another transferring custody of the couple's son to Mr. Higgins. The appellate court reversed both orders, finding the contempt conviction violated procedural requirements and the
• In re Guardianship OF: Ruth M. Meyer v. State
  672 So. 2d 85· Fla. 2d DCA· 1996-04-19 ·cited 4×
  The court held that an amended order to show cause for indirect criminal contempt was insufficient because it failed to allege the essential facts constituting the contempt charged.
• Harrison Wayne Stermer v. State
  609 So. 2d 80· Fla. 5th DCA· 1992-11-20 ·cited 4×
  A trial court must conduct a thorough inquiry into a defendant's comprehension and capacity to waive the right to counsel, especially when imprisonment is a potential penalty.