Purging Contempt

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

• Rocco Pugliese v. Pugliese
  347 So. 2d 422· Fla.· 1977-06-09 ·cited 229×
  The Florida Supreme Court reviewed a contempt order against Rocco Pugliese for failing to vacate marital property as ordered in a divorce decree. The Court held that the contempt order was invalid because it violated procedural due process requirements for indirect criminal conte
• 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
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Cliett v. Hammonds
  305 F.2d 565· 5th Cir.· 1962-06-28 ·cited 48×
  The court held that while the judgment improperly mixed civil and criminal contempt procedures, the finding of civil contempt was valid and the judgment should be modified to remove the criminal aspects.
• Lance v. Plummer
  353 F.2d 585· 5th Cir.· 1965-12-09 ·cited 43×
  The court held that a civil contempt sanction requiring resignation as a deputy sheriff must be limited to the duration of the contumacious conduct, and that attorney fees are permissible in civil contempt proceedings.
• Gazil v. Gazil
  343 So. 2d 595· Fla.· 1977-01-27 ·cited 42×
  The Florida Supreme Court reversed the District Court of Appeal's dismissal of an appeal in a dissolution of marriage case, holding that even when an appellant is in contempt of a trial court order, the appellate court must give the appellant a reasonable opportunity to purge the
• Barnett v. Barnett
  718 So. 2d 302· Fla. 2d DCA· 1998-09-11 ·cited 36×
  Susan Barnett appealed two post-judgment orders in her divorce case from Larry Barnett. The court affirmed the denial of her motion to disqualify the trial judge as untimely, but reversed the judge's order vacating a default judgment entered against Larry Barnett as a sanction fo
• Dykes v. Dykes
  104 So. 2d 598· Fla. 3d DCA· 1958-07-10 ·cited 34×
  The court held that while the contempt order was valid, it must be modified to specify the amount of default and provide a mechanism for the appellant to purge the contempt.
• 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
• Burton Ginsberg v. Ginsberg
  122 So. 2d 30· Fla. 3d DCA· 1960-07-14 ·cited 28×
  In this divorce appeal, the Florida District Court of Appeal addresses whether a contempt order for non-payment of alimony and child support was properly entered where the defendant was absent from the state and service was made on his attorney of record. The court reversed and r
• State of Fla. ex rel. Marvin D. Byrd v. Howard "Andy" Anderson
  168 So. 2d 554· Fla. 1st DCA· 1964-11-17 ·cited 26×
  Marvin Byrd petitioned for habeas corpus challenging a contempt sentence requiring him to pay past-due child support or remain in jail indefinitely. The First District Court of Appeal reversed, holding that indefinite civil contempt sentences violate Florida law and that the cont
• Madden v. Grain Elevator
  334 F.2d 1014· 7th Cir.· 1964-07-15 ·cited 26×
  The court held that the district court did not err in finding the union in contempt and imposing fines, as the union's actions constituted a continuation of the secondary boycott despite the president's letter and the union failed to purge itself of contempt.
• Morris v. Rabara
  145 So. 2d 265· Fla. 2d DCA· 1962-09-21 ·cited 23×
  In a paternity action, the trial court found the defendant father and issued a support order. On appeal, the defendant challenges the conviction but is also subject to a contempt order for failing to comply with payment obligations. The appellate court addresses procedural motion
• United States ex rel. Emanuel v. Jaeger
  117 F.2d 483· 2d Cir.· 1941-02-10 ·cited 23×
  A commitment order for contempt, even if based on an erroneous jurisdictional finding, is not subject to collateral attack via habeas corpus if the bankruptcy court previously determined its jurisdiction.
• Pasin v. Pasin
  517 So. 2d 742· Fla. 4th DCA· 1987-12-23 ·cited 20×
  The appellate court reviewed a partial final judgment in a dissolution of marriage case. The husband appealed various aspects of the judgment, but the court held that he must first purge himself of contempt for failing to comply with court orders before his appeal can proceed.
• McDonald's Corp. v. Victory Invs.
  727 F.2d 82· 3d Cir.· 1984-02-13 ·cited 20×
  The court held that a contempt order is moot once the contemner has purged the contempt by complying with the order, and that a daily fine for civil contempt, measured by past non-compliance, is improper and akin to a criminal fine.
• Nat'l Labor Relations Bd. v. Alamo Express, Inc.
  395 F.2d 481· 5th Cir.· 1968-06-10 ·cited 20×
  The court held that the company was in civil contempt for violating prior decrees by discriminating against union membership and interfering with employee rights, specifically through the actions of a terminal manager.
• Hipschman v. Cochran
  683 So. 2d 209· Fla. 4th DCA· 1996-11-27 ·cited 19×
  A Florida appellate court granted habeas corpus relief to a husband incarcerated under a civil contempt order for failure to pay alimony, finding the order constitutionally deficient because it allowed the clerk to issue arrest warrants without notice or hearing to the husband, a
• In re Gonzalez
  726 F.2d 16· 1st Cir.· 1984-01-30 ·cited 16×
  The court held that the attorney's withdrawal eight days before trial, citing non-payment of fees and then client's failure to prepare documents, constituted an obstruction of justice warranting sanctions, and the civil contempt issue was moot after payment.
• Nat'l Labor Relations Bd. v. Lynair, Inc.
  380 F.2d 286· 6th Cir.· 1967-06-14 ·cited 16×
  The court held that the respondent, Lynair, Inc., was in civil contempt for failing to bargain in good faith as required by a prior enforcement decree, and ordered it to purge the contempt.
• Nat'l Labor Relations Bd. v. Local 254, Bldg. Serv. Emps. Int'l Union, AFL-CIO
  376 F.2d 131· 1st Cir.· 1967-04-10 ·cited 16×
  The union is in civil contempt for violating a prior order by picketing secondary employers, but the court declines to find contempt for picketing a government agency due to complex, unresolved statutory interpretation issues.
• Klenton McLEMORE v. McLEMORE
  567 So. 2d 23· Fla. 1st DCA· 1990-09-18 ·cited 15×
  In this family law appeal, the Florida First District Court of Appeal dismissed two appeals filed by a husband who was held in contempt for failing to pay alimony and child support arrearage and who absconded from the jurisdiction to avoid jail. The court held that a party cannot
• Whiteside v. Whiteside
  468 So. 2d 407· Fla. 4th DCA· 1985-04-24 ·cited 15×
  A default judgment is not a permissible sanction for contempt of court, as it violates due process rights and is not provided for by the Florida Rules of Civil Procedure.
• THE Florida BAR v. Langston
  540 So. 2d 118· Fla.· 1989-03-16 ·cited 12×
  The Florida Supreme Court reviewed a disciplinary proceeding against attorney William Fenton Langston arising from his conduct during an acrimonious divorce proceeding from 1981-1988. The Court affirmed some findings of the referee but found additional guilt regarding contempt of
• Nat'l Labor Relations Bd. v. R. J. Smith Constr. Co., Inc.
  545 F.2d 187· D.C. Cir.· 1976-10-27 ·cited 12×
  The court held that the Company was in civil contempt for failing to comply with a prior judgment enforcing a National Labor Relations Board order. The court rejected the Company's defenses, including duress, termination of agreements, and challenges to the 'make whole' order.
• Wallens v. Buchanan
  168 So. 2d 687· Fla. 3d DCA· 1964-10-27 ·cited 12×
  William Wallens challenged his detention for civil contempt, arguing that the circuit court's sentencing order was defective because it failed to provide him with the means to purge the contempt and secure his early release. The court agreed and vacated the contempt sentence, hol
• Morton Stern v. Stern
  75 So. 2d 810· Fla.· 1954-11-16 ·cited 12×
  The Florida Supreme Court reviewed a contempt order requiring a divorced husband to post a $5,000 bond to secure future alimony payments. The Court held that while courts generally have authority to require security for alimony under Florida statute, such an order constitutes a m
• United States ex rel. Sutton v. Mulcahy
  169 F.2d 94· 2d Cir.· 1948-06-30 ·cited 12×
  The court affirms the lower court's decision, finding that the relator had opportunities to appeal jurisdictional issues and address inability to pay the fine.
• In re Establish Inspection OF the Metal Bank OF Am.
  700 F.2d 910· 3d Cir.· 1983-02-17 ·cited 10×
  The court held that the appeal from the civil contempt finding is moot, and the appeals from the denial of the motion to quash and the time extension must be dismissed for failure to exhaust administrative remedies before the Review Commission.
• Nat'l Labor Relations Bd. v. Lawley
  182 F.2d 798· 5th Cir.· 1950-06-07 ·cited 10×
  The court held that respondents were in civil contempt for failing to comply with the prior decree ordering payment of back wages to employees.
• Giallanza v. Dep't OF Revenue
  799 So. 2d 256· Fla. 2d DCA· 2001-08-17 ·cited 8×
  Joseph Giallanza appeals a civil contempt order for failure to pay child support and an order requiring transfer of jointly held property. The appellate court affirms the contempt finding but reverses the incarceration and property transfer portions, holding that the trial court
• United States v. Riewe
  676 F.2d 418· 10th Cir.· 1982-04-22 ·cited 8×
  The court held that imposing civil contempt and imprisonment was an abuse of discretion when the court order was solely to afford the taxpayer an opportunity to show why an IRS summons should not be enforced.
• Nivia Lascaibar v. Lascaibar
  715 So. 2d 1042· Fla. 3d DCA· 1998-07-29 ·cited 6×
  The court held that the trial court failed to take sufficient action to secure needed support arrearages and should have initiated indirect criminal contempt proceedings.
• Mauldin v. Roman
  588 So. 2d 667· Fla. 5th DCA· 1991-11-07 ·cited 6×
  The court held that the trial court erred by failing to make findings regarding the appellant's present ability to comply with obligations and to plainly identify what must be done to purge contempt in a civil contempt proceeding.
• Rodger G. Meadows v. Bacon
  489 So. 2d 850· Fla. 5th DCA· 1986-06-05 ·cited 6×
  Court reversed a civil contempt order against a former husband for failure to pay a joint credit card debt, holding that contempt power cannot be used to compel payment of debts to third parties and the order was procedurally defective.
• Pasin v. Pasin
  480 So. 2d 699· Fla. 4th DCA· 1985-12-31 ·cited 6×
  The court affirmed the civil contempt judgment, finding substantial evidence of willful refusal to pay support.
• Nat'l Labor Relations Bd. v. Teamsters
  592 F.2d 921· 6th Cir.· 1979-01-18 ·cited 6×
  The court held that the union and its president were in civil contempt for violating previous court orders, imposing a compliance fine and requiring specific actions to purge the contempt.
• United States ex rel. Kanawha Coal Operators Ass'n v. Miller
  540 F.2d 1213· 4th Cir.· 1976-06-02 ·cited 6×
  The court held that a district court cannot impose both a fine and a fixed jail sentence for criminal contempt, and since the fine was paid, the jail sentence must be vacated.
• Deirdre A. Murphy v. Evans
  96 So. 3d 1034· Fla. 3d DCA· 2012-08-22 ·cited 5×
  Murphy appeals a trial court's order releasing funds from the court registry back to Evans, a former husband's attorney who had been held in civil contempt for repeatedly failing to produce trust account records and settlement proceeds. The appellate court reversed, holding that
• Whittaker Corp. v. Execuair Corp.
  953 F.2d 510· 9th Cir.· 1992-01-03 ·cited 5×
  The court held that the district court did not abuse its discretion in imposing a conditional fine and a bond, but modified the business ban and destruction order to ensure they were proper civil contempt sanctions allowing for purging of contempt and limited to infringing goods.
• Goff v. Goff
  151 So. 2d 295· Fla. 3d DCA· 1963-03-26 ·cited 5×
  The appellate court reversed a contempt order against a former husband for failing to transfer a specific automobile to his ex-wife, finding the divorce decree provision unclear.
• Meredith v. Fair
  313 F.2d 534· 5th Cir.· 1962-09-29 ·cited 5×
  The court held that Paul B. Johnson, Jr. was in civil contempt of a temporary restraining order for preventing James H. Meredith's enrollment at the University of Mississippi.
• In re Mfrs. Trading Corp. Kiersted v. Hadden
  194 F.2d 961· 6th Cir.· 1952-02-05 ·cited 5×
  The court held that the appellant had not purged himself of contempt and that the case was not rendered moot by the superseding of reorganization proceedings to bankruptcy.
• State Bd. of Funeral Directors & Embalmers for Fla. v. Cooksey
  155 Fla. 761· Fla.· 1945-03-23 ·cited 5×
  The Florida Supreme Court reversed a circuit court's decision discharging a contempt rule against Ralph Cooksey, a revoked funeral director who continued engaging in the funeral directing business indirectly through corporate ownership. The Court held that Cooksey violated an inj
• Franco Micciche v. State
  626 So. 2d 1028· Fla. 3d DCA· 1993-11-09 ·cited 4×
  Franco Micciche, a witness in a criminal case, appealed a contempt order requiring him to pay court reporter fees and submit to a deposition or face jail. The court reversed, finding procedural infirmities in the contempt proceedings and noting that Micciche was willing to submit
• Barfield v. Barfield
  472 So. 2d 820· Fla. 3d DCA· 1985-07-09 ·cited 4×
  A husband appeals an order denying his motion to recover a $3,250 cash appearance bond posted to secure his release from custody in a contempt proceeding for child support arrearages. The court vacated and remanded because the trial court summarily denied the motion without condu
• Home Sav. & Loan Ass'n OF Fla. v. Turtle Reef Assocs., Inc.
  409 So. 2d 1191· Fla. 4th DCA· 1982-02-17 ·cited 4×
  A summary money judgment entered without a hearing, based on a finding of civil contempt for a late filing, violates due process and must be reversed.
• Newton v. Newton
  287 So. 2d 410· Fla. 2d DCA· 1973-12-05 ·cited 4×
  A husband appeals from a contempt order and alimony judgment entered against him for failing to pay court-ordered alimony. The appellate court affirms the underlying findings but remands for clarification regarding whether the husband can purge the jail sentence by complying with
• Conde v. Full House, Inc.
  206 So. 2d 22· Fla. 3d DCA· 1967-12-27 ·cited 4×
  The court found substantial competent evidence supported the contempt order and dismissed the appeal from the other interlocutory order.
• Small v. Devon Condo. B Ass'n, Inc.
  141 So. 3d 574· Fla. 4th DCA· 2014-04-02 ·cited 3×
  A condominium unit owner appealed multiple orders regarding the association's right to access her unit for pest-control services. The court reversed the summary judgment granting the association access because genuine issues of material fact existed regarding the necessity and re