Purging Contempt

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

• Lawrence v. Chapter 7 Tr. (In Re Lawrence)
  251 B.R. 630· S.D. Fla.· 2000-07-31 ·cited 3×
  The district court affirmed the bankruptcy court's turnover, contempt, and incarceration orders, finding the offshore trust was property of the estate and the debtor had the ability to comply with the turnover order.
• Andrews v. Ada Mae Walton
  428 So. 2d 663· Fla.· 1983-03-24 ·cited 3×
  The Florida Supreme Court held that parents facing civil contempt proceedings for non-payment of child support are not entitled to court-appointed counsel, because due process protections are satisfied through application of the Faircloth test requiring findings of ability to pay
• In re Transamerica Corp. v. Transamerica Corp.
  184 F.2d 319· 9th Cir.· 1950-07-10 ·cited 3×
  The court held that respondents were guilty of civil contempt for violating prior restraining and injunction orders by proceeding with the acquisition of bank assets and businesses despite the court's prohibition. The court denied the application for a stay pending review.
• Carbonell v. Dep't OF Revenue
  30 So. 3d 664· Fla. 5th DCA· 2010-03-18 ·cited 2×
  The court held that the contempt order was invalid because it failed to make specific factual findings regarding the petitioner's present ability to pay the purge amount.
• Lomison v. Lomison
  329 So. 2d 408· Fla. 2d DCA· 1976-03-26 ·cited 2×
  The court affirmed the trial court's award of temporary alimony and attorney's fees to the wife and the husband's contempt conviction for willful failure to pay, finding no clear error in the record.
• In re the Matter of Stephen Andretta v. United States
  530 F.2d 681· 6th Cir.· 1976-01-20 ·cited 2×
  The court held that the appellant was not entitled to delay grand jury proceedings due to the hospitalization of his chosen counsel and that the contempt order was civil in nature, allowing him to purge the contempt by testifying.
• 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
• Accardi v. Accardi
  276 So. 3d 10· Fla. 4th DCA· 2019-06-12 ·cited 1×
  Edmund Accardi appealed a contempt order for failing to pay alimony to his former wife Charlotte since 2008. The trial court found him in contempt and ordered substantial back alimony payments plus a purge amount, with threat of incarceration for future noncompliance. The appella
• Wilbur v. Wilbur
  981 So. 2d 1252· Fla. 2d DCA· 2008-05-16 ·cited 1×
  A party's homestead property equity can be considered evidence of their ability to pay a support obligation, even if it is homestead property.
• Ganceres v. Ganceres
  703 So. 2d 1220· Fla. 5th DCA· 1998-01-02 ·cited 1×
• In re Shore
  193 B.R. 598· S.D. Fla.· 1996-03-07 ·cited 1×
  The district court affirmed the bankruptcy court's finding of civil contempt, holding that the debtor failed to establish his inability to comply with the turnover order and that procedural objections were without merit.
• O'Connor v. Midwest Pipe Fabrications, Inc.
  972 F.2d 1204· 10th Cir.· 1992-08-18 ·cited 1×
  The court held that the district court did not err in finding the O'Connors in contempt for failing to adequately account for their assets, but vacated the monetary sanction due to lack of clarity regarding its purpose and basis.
• Mertens v. Mertens
  596 So. 2d 1285· Fla. 4th DCA· 1992-04-29 ·cited 1×
  The court affirmed a contempt finding against a former husband for violating a temporary support order but remanded because the incarceration provision lacked required due process protections, specifically a hearing before imprisonment could commence.
• 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
• Baker v. State
  239 So. 2d 153· Fla. 1st DCA· 1970-07-08 ·cited 1×
  Willie Baker sought habeas corpus relief and appellate counsel through this Court, which appointed a public defender to handle his appeal. When the appointed counsel failed to take action on the appeal, the Court found him in direct contempt but permitted him to purge the contemp
• Guenther v. McPherson
  S.D. Fla.· 2026-01-24
  The court adopted the Magistrate Judge's report and recommendation, finding the respondent in civil contempt for failing to comply with court orders and ordering her arrest and custody until she purges her contempt.
• Cathexis Ventures, LP v. mIQroTech, Inc.
  M.D. Fla.· 2025-01-31
  The court denied the defendant's motion for immediate release from custody because he had not purged his contempt by fully complying with discovery orders.
• Cathexis Ventures, LP v. mIQroTech, Inc.
  M.D. Fla.· 2025-01-28
  A defendant seeking release from civil contempt must prove they cannot comply, not merely that compliance takes time or that they are now willing to comply.
• Gaal v. Menchise
  M.D. Fla.· 2024-02-29
  A contemnor's compliance with the underlying order moots any challenge to the validity of a civil contempt order aimed at securing compliance.
• Welsh v. Martinez
  M.D. Fla.· 2023-07-17
  The court held that the December 23, 2020 Connecticut contempt order is enforceable in Florida under the Full Faith and Credit Clause and Florida's Enforcement of Foreign Judgments Act, but denied summary judgment on other counts due to insufficient argument and on the request fo
• Melikhov v. Drab
  M.D. Fla.· 2021-03-08
  The court granted the Judgment Creditors' motion for contempt against Mr. Drab for violating a postjudgment discovery order.
• THE Child's. Home Soc'y of Fla. v. K.W.
  Fla. 3d DCA· 2021-01-13
  A party cannot be held in civil contempt for non-compliance with a court order without an affirmative factual finding that the party had the present ability to comply with the order.
• Pattison v. Pattison
  210 So. 3d 785· Fla. 1st DCA· 2017-02-24
  The appellate court affirmed a finding of contempt for failure to pay alimony but reversed provisions that allowed for automatic future contempt and incarceration without a further hearing. The court held that such automatic sanctions violate due process by denying the former hus
• Parris v. Aldo Walter Silveira and Joseph Bryan Parris
  82 So. 3d 201· Fla. 4th DCA· 2012-03-14
  Angelica Parris appeals her civil contempt conviction for allegedly filing false documents in her divorce case claiming no minor children existed, when she had in fact given birth to a child during her marriage. The appellate court reversed, holding that civil contempt sanctions
• Pro-Choice Network OF W. NEW York, Buffalo Gyn Women-services, P.C. v. Walker
  994 F.2d 989· 2d Cir.· 1993-05-26
  A dissenting opinion argues that a defendant's significantly enhanced sentence for homosexual statutory rape, compared to other violent offenses, is disproportionate and likely based on discriminatory factors, thus violating equal justice under the law.
• Keegan v. Lawrence
  778 F. Supp. 523· S.D. Fla.· 1991-10-24
  The court held that a federal court should not intervene in a state civil contempt matter that is actively pending before the state court, especially when the state court is best positioned to assess the evidence and credibility of the contemnor.
• Miller v. Carson
  550 F. Supp. 543· M.D. Fla.· 1982-11-04
  In a civil contempt proceeding arising from violations of a permanent injunction governing conditions at the Duval County Jail, the court found that defendants exceeded the court-ordered inmate capacity limit on October 10 and 11, 1982, and imposed a $10,000 fine despite defendan
• O'Connor v. O'Connor
  415 So. 2d 902· Fla. 3d DCA· 1982-06-29
  The court affirmed a civil contempt finding against an attorney where the trial court had jurisdiction based on actual receipt of the motion and notice, and three of four contempt items were moot due to purging through compliance.
• Karlton M. King v. Moody
  386 So. 2d 304· Fla. 5th DCA· 1980-07-30
  A bail bondsman appeals the forfeiture of an appearance bond posted for David Moody, who failed to appear at a subsequent hearing on a contempt matter. The court held that the bond's obligation was satisfied when Moody appeared at the initially designated hearing, and the surety
• Nat'l Labor Relations Bd. v. The Gerstenslager Co.
  594 F.2d 1089· 6th Cir.· 1979-03-14
  The court adopted the Special Master's recommendations for purging contempt, denying the NLRB's request for additional sanctions like attorney's fees and prospective fines.
• Boswell v. Dickinson
  315 So. 2d 515· Fla. 1st DCA· 1975-06-30
  Appellants were held in contempt for failing to post a supersedeas bond during an appeal, but the contempt order was quashed because appellants purged the contempt by voluntarily dismissing the notice of lis pendens that had been the subject of the underlying dispute.
• Gazil v. Heidtman
  309 So. 2d 574· Fla. 4th DCA· 1975-03-14
  Joseph Gazil petitioned for a writ of habeas corpus challenging a contempt order from the Palm Beach County Circuit Court, claiming he was unlawfully detained for failing to comply with a support payment order. The Florida District Court of Appeal denied the petition, holding tha
• Varvel v. Varvel (No. 3)
  36 Fla. Supp. 131· Lake Cty. Cir. Ct.· 1972-01-07
  In this domestic relations case spanning nearly five years, the trial court awarded attorney's fees and suit money to the wife and found the husband in contempt for willfully failing to pay court-ordered fees and support. The court upheld the wife's entitlement to attorney's fees
• Kern v. Kern
  37 Fla. Supp. 111· Lake Cty. Cir. Ct.· 1971-05-07
  An ex-wife sought enforcement of a divorce judgment against her ex-husband for unpaid child support and alimony. The court held that voluntary financial assistance to the child does not constitute a setoff against court-ordered periodic payments, that the ex-wife has a vested int
• Neita Allingham v. Allingham
  228 So. 2d 628· Fla. 2d DCA· 1969-12-12
  The appellate court reversed a lower court's modification of a child support order, finding no evidence to support the reduction. The lower court had reduced the weekly support payment and allowed a portion to go towards arrearages, which the appellate court found improper withou
• THE Florida BAR v. Graves
  211 So. 2d 197· Fla.· 1968-06-05
  The Court discharged the rule nisi and found it unnecessary to pursue the matter further after the respondent purged himself of contempt.
• Nitti v. United States
  336 F.2d 576· 10th Cir.· 1964-09-04
  A continuance granted before a contempt ruling does not divest the court of its power to summarily punish for contempt committed in its presence.
• Arrington
  Del.·
  The Delaware Family Court denied a motion for reargument regarding whether coercive civil sanctions imposed for contempt of a Protection From Abuse order should be paid to the court or to the prevailing party. The court held that coercive sanctions unrelated to compensatory losse