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

• Palmer v. Palmer
  530 So. 2d 508· Fla. 3d DCA· 1988-09-06 ·cited 4×
• 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
• Bronislaw Bajcar v. Monika Klaudia Bajcar
  247 So. 3d 613· Fla. 3d DCA· 2018-05-16 ·cited 3×
  Father Bronislaw Bajcar petitioned for a writ of certiorari to challenge a writ of bodily attachment issued by the trial court for alleged violation of custody orders. The Florida District Court of Appeal, Third District, granted the petition and quashed the writ, holding that th
• Sandelier v. State
  238 So. 3d 831· Fla. 4th DCA· 2018-02-28 ·cited 3×
  A failure to appear at a scheduled court hearing must be charged as indirect criminal contempt, not direct contempt, and indirect contempt proceedings require strict compliance with Rule 3.840, including written notice, reasonable preparation time, and compulsory process for witn
• Maher v. Junior
  198 So. 3d 949· Fla. 3d DCA· 2016-08-04 ·cited 3×
  Michael Maher petitioned for a writ of habeas corpus challenging his detention on a $100,000 bail pending an indirect criminal contempt hearing. The Florida District Court of Appeal granted the writ and ordered his immediate release, finding the trial court violated contempt proc
• Johann Haeussler v. State
  100 So. 3d 732· Fla. 2d DCA· 2012-11-02 ·cited 3×
  The court held that indirect criminal contempt was a proper remedy for filing false financial documents and that the appellant's due process rights were not violated.
• Pryor v. Wille
  644 So. 2d 346· Fla. 4th DCA· 1994-11-02 ·cited 3×
• The Fla. Bar. in re Rules of Practice & Procedure for Traffic Courts
  530 So. 2d 274· Fla.· 1988-08-25 ·cited 3×
  The Florida Supreme Court approved proposed amendments to the Florida Rules of Practice and Procedure for Traffic Courts submitted by the Traffic Court Rules Committee and the Traffic Court Review Committee. The Court approved most proposed amendments while declining to approve c
• Debby J. Giordano v. State
  32 So. 3d 96· Fla. 2d DCA· 2009-08-28 ·cited 2×
  The court held that the trial court erred in denying the motion to correct sentencing error regarding the classification of criminal contempt and the lack of a written sentence for time served.
• Luzenberg v. Forand
  929 So. 2d 546· Fla. 2d DCA· 2006-03-17 ·cited 2×
  The court held that a trial court cannot amend a final judgment of contempt to change its nature from civil to criminal, as this constitutes a judicial error correctable only on appeal, not by amendment.
• Sutton v. Amerson
  922 So. 2d 391· Fla. 1st DCA· 2006-03-07 ·cited 2×
  The court dismissed the appeal for lack of jurisdiction because the trial court's order did not constitute a final appealable order—it found a factual basis for contempt but withheld sanctions pending issuance of a show cause order, leaving the contempt motion pending rather than
• Geary W. Senterfitt v. Oaks
  775 So. 2d 431· Fla. 1st DCA· 2001-01-17 ·cited 2×
  The court held that a party cannot be incarcerated for civil contempt if they lack the present ability to purge the contempt by paying the ordered amount.
• E.H. v. State
  711 So. 2d 1331· Fla. 2d DCA· 1998-06-10 ·cited 2×
  The court reversed an indirect criminal contempt order against a juvenile because the trial court failed to follow required procedural rules, including failure to issue an order to show cause, conducting the hearing in the juvenile's absence, and failing to recite the factual bas
• Tschapek v. Frailing
  699 So. 2d 851· Fla. 4th DCA· 1997-10-01 ·cited 2×
  The court held that the trial court erred in punishing conduct as direct criminal contempt without affording the required due process safeguards for indirect criminal contempt.
• Shalonda Washington v. Hon. Warren Burk
  704 So. 2d 540· Fla. 5th DCA· 1997-01-03 ·cited 2×
  Shalonda Washington sought a writ of prohibition to bar her trial for indirect criminal contempt of violating a domestic violence injunction, arguing the speedy trial rule barred the prosecution because the 90-day period had expired. The court receded from prior precedent and hel
• Thurner v. Cheri J. Thurner
  584 So. 2d 150· Fla. 2d DCA· 1991-08-09 ·cited 2×
  The court held that the trial court erred in adjudicating the husband in criminal contempt and awarding attorneys' fees due to procedural defects and insufficient evidence, but affirmed the order striking his motion for a commissioner.
• Woodward v. State
  238 So. 3d 290· Fla. 4th DCA· 2018-02-14 ·cited 1×
  Jennifer Woodward appeals a circuit court order finding her in both direct and indirect criminal contempt arising from a probate proceeding. The appellate court reversed the indirect criminal contempt finding due to lack of factual basis in the record but affirmed the direct crim
• Parks v. Wells Fargo Home Mortg.
  185 So. 3d 541· Fla. 4th DCA· 2016-01-06 ·cited 1×
  The court held that a contempt order that is a hybrid between civil and criminal contempt, lacking a purge provision and due process protections, is illegal.
• 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
• Hemesath v. State
  732 So. 2d 496· Fla. 1st DCA· 1999-05-27 ·cited 1×
  William Hemesath was found in direct criminal contempt for allegedly committing perjury during testimony in a domestic violence injunction proceeding. The appellate court reversed because the trial court abused its discretion by denying defense counsel's motion for a continuance
• Maradona v. Villafane
  Fla. 3d DCA· 2025-09-10
  The estate of Diego Maradona appealed summary judgment dismissing his fraud claims against his ex-wife Claudia Villafañe over hidden real estate purchases, as well as a contempt order and sanctions award. The court affirmed the summary judgment because Maradona had expressly waiv
• Lakasia Portee-Jones v. Portee
  Fla. 1st DCA· 2025-02-26
  Lakasia Portee-Jones appeals a contempt order imposing a 40-day jail sentence for violating a domestic violence protection injunction. The court reversed the jail sentence, finding the trial court failed to comply with Florida Rule of Criminal Procedure 3.840's procedural require
• Kaplan v. Schurr
  Fla. 3d DCA· 2025-01-08
  Daniel Kaplan, an attorney, was found guilty of indirect criminal contempt for repeatedly failing to post a specific apology on Ripoff Report as required by a settlement agreement and court order. While the Third District affirmed the contempt conviction and $1,000 sanction, it r
• Dep't of Child. & Families v. State Attorney
  Fla. 1st DCA· 2022-07-27
  The appellate court reversed a contempt order against the Department of Children and Families (DCF) for failing to transport a defendant to a mental health facility. The court found the contempt order invalid because it lacked proper evidentiary support for compensatory fines, a
• Ringenberg v. Ringenberg
  308 So. 3d 694· Fla. 1st DCA· 2020-12-14
  The appellate court reversed a contempt order against Christopher Ringenberg, finding the trial court committed fundamental error by failing to follow proper procedure for criminal contempt and abused its discretion by improperly modifying child visitation and restricting future
• Agosto v. State
  Fla. 2d DCA· 2020-03-20
  The appellate court vacated a direct criminal contempt conviction against Christian Agosto for failing to provide his cell phone passcode. The court found the lower court erred by relying on evidence outside its direct observation to determine Agosto's intent and ability to provi
• Marlen Pernetti v. Telesforo Nino Pernetti
  299 So. 3d 479· Fla. 3d DCA· 2020-02-26
  The former wife challenges a trial court's order finding her in indirect criminal contempt for violating prior court orders. The Third District Court of Appeal reverses, holding that the trial court failed to follow the strict procedural requirements for contempt proceedings and
• Alonso v. De Zarraga
  275 So. 3d 698· Fla. 3d DCA· 2019-05-29
  The appellate court affirmed the trial court's order regarding a child's school placement but reversed a $12,500 sanction imposed on the Former Wife. The court found the sanction was an impermissible indirect criminal contempt due to procedural defects.
• Bret Mayo v. Kerry Mayo O/ B/ O Natalie Gracyn Mayo and Madeline Olivia Mayo
  260 So. 3d 497· Fla. 2d DCA· 2018-12-07
  Bret Mayo appeals an indirect criminal contempt conviction for violating an injunction. The Second District Court of Appeal reversed, finding that the contempt proceedings violated Florida Rule of Criminal Procedure 3.840 in multiple fundamental respects.
• Baratta v. Costa-Martinez
  252 So. 3d 408· Fla. 3d DCA· 2018-08-22
  A pick-up order and finding of indirect criminal contempt must be reversed when the trial court fails to issue a show cause order and does not comply with Florida Rule of Criminal Procedure 3.840.
• Dilliard v. State
  162 So. 3d 1167· Fla. 5th DCA· 2015-04-24
  The court held that a defendant cannot be sentenced on misdemeanor charges for which he was never charged or to which he never pleaded guilty.
• Podolsky v. State
  118 So. 3d 258· Fla. 2d DCA· 2013-07-17
  The court held that the trial court committed fundamental error by failing to comply with procedural rules regarding the right to counsel in indirect criminal contempt proceedings.
• Jerrold Wingate & the Wingate Law Firm v. Celebrity Cruises, Ltd.
  79 So. 3d 180· Fla. 3d DCA· 2012-02-08
  Attorney Jerrold Wingate appeals the trial court's denial of his motion for disbursement of costs incurred representing seventy-seven plaintiffs in cruise line cases after he was disqualified for bribery and found in criminal contempt for secretly receiving fees and costs through
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Laurence Graham v. Fla. Dep't OF Child. & Families
  970 So. 2d 438· Fla. 4th DCA· 2007-12-05
  Laurence Graham appeals his contempt conviction and the appointment of his brother Luke as guardian of their mother Betty Graham. The Florida appellate court reversed, finding the trial court failed to comply with contempt procedure rules, improperly revoked Betty's valid advance
• Van Neal v. State
  891 So. 2d 607· Fla. 1st DCA· 2005-01-24
• VAN Hare v. VAN Hare
  870 So. 2d 125· Fla. 4th DCA· 2003-12-10
  The court held that the trial court erred in both criminal and civil contempt orders by failing to comply with procedural rules and by not sufficiently establishing the former husband's present ability to pay the purge amount.
• Ziskind v. Ziskind
  762 So. 2d 549· Fla. 3d DCA· 2000-06-21
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17
• Cole v. State
  714 So. 2d 479· Fla. 2d DCA· 1998-06-01
  Steven Cole was convicted of indirect criminal contempt for violating a court order for involuntary substance abuse treatment under the Marchman Act. The Florida Second District Court of Appeal quashed his conviction and sentence, finding the treatment order void for lack of subj
• Naylor v. Naylor
  468 So. 2d 398· Fla. 4th DCA· 1985-04-24