Willful Violation Of Court Order

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

• Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen
  471 So. 2d 1274· Fla.· 1985-06-20 ·cited 619×
  The Florida Supreme Court clarified the standards for civil versus criminal contempt in family support cases, holding that incarceration for civil contempt requires a separate affirmative finding that the contemnor has present ability to pay the purge amount, and disapproving ear
• Adolph G. Hoffman v. Halden
  268 F.2d 280· 9th Cir.· 1959-05-28 ·cited 184×
  The court held that the second amended complaint sufficiently stated a cause of action under the Civil Rights Act, and that the district court had jurisdiction. The court also addressed the elements of conspiracy claims under various Civil Rights statutes and the role of overt ac
• 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
• Gibson v. Bennett
  561 So. 2d 565· Fla.· 1990-05-10 ·cited 74×
  The Florida Supreme Court held that circuit courts have jurisdiction to enforce foreign judgments for child support arrearages through equitable remedies, including contempt proceedings, even after the judgment has been reduced to a money judgment and after the child reaches majo
• Keitel v. Keitel
  716 So. 2d 842· Fla. 4th DCA· 1998-09-02 ·cited 69×
  A party cannot be held in contempt for violating a provision of a final judgment that is not clear, definite, and explicit, and in this case, the mother could not be held in contempt for relocating because the trial court had vacated the relocation restriction upon rehearing, lea
• United States v. Moschiano
  695 F.2d 236· 7th Cir.· 1982-11-29 ·cited 64×
  The court held that post-indictment statements constituting new criminal acts are admissible, and subsequent similar acts can be used to prove predisposition, while severance was not warranted due to limiting instructions and a discriminating verdict.
• Ugarte v. Ugarte
  608 So. 2d 838· Fla. 3d DCA· 1992-09-22 ·cited 58×
  In this consolidated family law appeal, the former husband challenged the trial court's awards of alimony and child support totaling $6,500 monthly, as well as attorney's fees and civil contempt orders for nonpayment. The appellate court affirmed the dissolution judgment and fee
• Summit Chase Condo. Ass'n, Inc. v. Protean Invs., Inc.
  421 So. 2d 562· Fla. 3d DCA· 1982-09-28 ·cited 50×
  Summit Chase Condominium Association sought damages for construction defects in a class action but failed to adequately answer defendants' interrogatories within the ordered deadline. The trial court dismissed the action with prejudice, but the appellate court reversed the dismis
• Malone v. United States Postal Serv.
  833 F.2d 128· 9th Cir.· 1987-11-23 ·cited 44×
  The court held that a district court abuses its discretion by imposing dismissal without first considering less drastic sanctions or warning the attorney.
• Deutsche Bank Nat'l Tr. Co. v. Lippi
  78 So. 3d 81· Fla. 5th DCA· 2012-01-20 ·cited 43×
  Deutsche Bank appealed the dismissal of its mortgage foreclosure complaint with prejudice against borrower Tony Lippi. The court reversed, holding that Deutsche Bank had standing as the note holder based on possession of the original note with a blank indorsement, and that dismis
• Int'l Union v. United States (two cases)
  177 F.2d 29· D.C. Cir.· 1949-06-06 ·cited 40×
  Individuals and unions must obey temporary court orders to maintain the status quo, even if the underlying statute is later found unconstitutional, and can be held in criminal contempt for willful disobedience.
• Paul v. Johnson
  604 So. 2d 883· Fla. 5th DCA· 1992-08-28 ·cited 39×
  Janet Paul was held in indirect criminal contempt for violating a supervised visitation order by encountering her daughters in public places outside the authorized visitation context. The appellate court reversed, finding the original order was not sufficiently specific to put Pa
• Chapman v. Pac. Tel. & Tel. Co.
  613 F.2d 193· 9th Cir.· 1979-11-07 ·cited 30×
  An attorney may be held in criminal contempt for willfully refusing to comply with a clear and definite court order, even if the attorney believes the order is unconstitutional or confusing.
• Montgomery Blair Sibley v. Sibley
  833 So. 2d 847· Fla. 3d DCA· 2002-12-23 ·cited 29×
  A parent with substantial arrearages in court-ordered child support has the present ability to pay a purge amount where he can command payment from his wealthy father, who has provided hundreds of thousands of dollars in support for various purposes other than discharging this ch
• Russell v. Russell
  559 So. 2d 675· Fla. 3d DCA· 1990-04-03 ·cited 27×
  William Scott Russell, Jr. appeals a civil contempt order for failure to pay $12,187.50 in alimony and child support, challenging the trial court's finding that he had the present ability to pay. The appellate court reverses because the trial court improperly based its finding of
• Newman v. State OF Ala. & Bill Baxley
  522 F.2d 71· 5th Cir.· 1975-10-29 ·cited 24×
• Perez v. Perez
  599 So. 2d 682· Fla. 3d DCA· 1992-05-05 ·cited 23×
  Jose L. Perez appeals a civil contempt order for failure to pay $8,100 in attorney's fees, contending he lacks present ability to pay. The court reverses and remands, holding that civil contempt incarceration requires a finding of ability based on the contemnor's own assets, not
• Maxwell G. Hazelwood v. Hazelwood
  345 So. 2d 819· Fla. 4th DCA· 1977-04-29 ·cited 23×
  In this marriage dissolution appeal, the court affirmed the trial court's award of $1,000 monthly permanent alimony to a 44-year-old homemaker but reversed the award of exclusive possession of the marital home to the wife, finding it unsupported by competent evidence and inconsis
• LEE v. Kepler
  197 So. 2d 570· Fla. 3d DCA· 1967-04-11 ·cited 20×
  A father was held in contempt for refusing to allow his ex-wife's mother (the child's maternal grandmother) visitation rights as ordered in the divorce decree. The appellate court reversed, holding that the stepmother's subsequent adoption of the child divested the grandmother of
• Akridge v. Crow
  903 So. 2d 346· Fla. 2d DCA· 2005-06-15 ·cited 19×
  Petitioners challenged their incarceration under Polk County's collections court program for unpaid fines, fees, and costs. The court held that incarcerating indigent defendants who are unable to pay violates the Equal Protection Clause and due process because alternatives like c
• Perach Marcus v. Marcus
  902 So. 2d 259· Fla. 4th DCA· 2005-05-18 ·cited 19×
  A mother appealing a contempt order for allegedly failing to ensure the non-custodial father could exercise his visitation rights. The appellate court reversed the contempt finding because the original temporary relief order was not sufficiently explicit or precise to put the mot
• Petra Fishman v. Fishman
  656 So. 2d 1250· Fla.· 1995-02-09 ·cited 19×
  The Florida Supreme Court reviewed a certified question regarding whether civil contempt could be used to enforce an award of attorney's fees to a former spouse for costs incurred in enforcing visitation rights.
• United States v. Turner
  812 F.2d 1552· 11th Cir.· 1987-03-30 ·cited 18×
  The court held that the evidence was insufficient to support the contempt judgment against the appellant lawyer.
• Wells v. State
  471 So. 2d 620· Fla. 5th DCA· 1985-06-20 ·cited 18×
  A lawyer was convicted of direct criminal contempt for violating a trial judge's order limiting his closing argument to twenty minutes. The appellate court affirmed, holding that attorneys must obey court orders even if they believe the orders are erroneous, and that the remedy f
• Cyrus Hashemi v. Campaigner Publ'ns, Inc.
  737 F.2d 1538· 11th Cir.· 1984-08-01 ·cited 18×
  The court held that a district court did not abuse its discretion in dismissing a complaint for repeated failures to appear for deposition testimony, especially after prior representations to the court.
• Holliday v. Todd Shipyards Corp.
  654 F.2d 415· 5th Cir.· 1981-08-28 ·cited 18×
  The court held that attorneys' fees cannot be awarded from the special fund under the Longshoremen's and Harbor Workers' Compensation Act, as there is no specific statutory provision for it. The court also adopted an alternative method for computing permanent total disability com
• Levine v. DEL Am. Props., Inc.
  642 So. 2d 32· Fla. 5th DCA· 1994-08-12 ·cited 17×
  Dennis Levine appeals a default judgment entered against him for $1.1 million in a fraud and breach of contract case. The court affirmed the dismissal and entry of default based on Levine's willful failure to comply with discovery orders, but reversed the damages award because Le
• Sears v. Sears
  617 So. 2d 807· Fla. 1st DCA· 1993-04-29 ·cited 17×
  The court held that the trial judge abused his discretion by refusing to allow the husband to testify or his attorney to present argument, and by finding him in contempt without a specific finding of present ability to pay.
• Sec. & Exch. Comm'n v. The Am. Bd. OF Trade, Inc.
  830 F.2d 431· 2d Cir.· 1987-09-28 ·cited 16×
  The court affirmed the appointment of a receiver and the freezing of personal assets, but questioned the sua sponte imposition of civil contempt sanctions.
• The Bank OF NEW York Mellon v. Sandhill
  202 So. 3d 944· Fla. 5th DCA· 2016-10-28 ·cited 13×
  The appellate court affirmed the trial court's dismissal because the appellant failed to preserve the issue of the trial court's alleged failure to consider the Kozel factors by not seeking a rehearing or clarification from the trial court.
• Brown v. Ira Smith
  705 So. 2d 682· Fla. 4th DCA· 1998-01-28 ·cited 12×
  Jana Brown appealed a family court judgment modifying child visitation and refusing to hold her ex-husband in contempt for child support arrears. The appellate court reversed, finding the trial court erroneously conflated civil and criminal contempt standards, failed to properly
• Waskin v. Waskin
  452 So. 2d 999· Fla. 3d DCA· 1984-06-19 ·cited 12×
  In a contempt proceeding for willful nonpayment of alimony, an ex-husband claimed inability to pay due to expenses defending against criminal charges, including a murder conspiracy charge against the ex-wife. The court struck his testimony when he refused to answer whether he con
• Tsokos v. Sunset Cove Invs., Inc.
  936 So. 2d 667· Fla. 2d DCA· 2006-07-14 ·cited 10×
  Petitioners Chris Tsokos and his companies sought a writ of prohibition to quash an order to show cause for indirect criminal contempt arising from their purchase of real property that was the subject of a final judgment in a lawsuit to which they were not parties. The court gran
• R.W. Int'l Corp. & T. H. Ward de la Cruz, Inc. v. Welch Foods, Inc.
  937 F.2d 11· 1st Cir.· 1991-06-21 ·cited 10×
  A dismissal under Federal Rule of Civil Procedure 37(b)(2) requires a prior court order compelling discovery that was subsequently violated; a general scheduling order or a party's prior discovery violations do not suffice as a basis for dismissal without a specific order.
• Rosen v. Hedy Rosen
  579 So. 2d 846· Fla. 4th DCA· 1991-05-15 ·cited 10×
  Florida appellate court reversed a contempt order for failure to pay temporary alimony because the trial court failed to make required findings regarding the contemnor's present ability to comply and failed to specify the exact purge amount.
• Adriana Int'l Corp. v. Konstantin Thoeren
  913 F.2d 1406· 9th Cir.· 1990-09-10 ·cited 10×
  The court held that the district court did not abuse its discretion in imposing discovery sanctions, including default judgment, due to Adriana's willful and repeated discovery abuses, and that the award of emotional distress damages for fraud was improper.
• United States v. Ford Motor Co.
  522 F.2d 962· 6th Cir.· 1975-09-16 ·cited 10×
  The court affirmed the denial of an injunction against state court proceedings, finding it barred by 28 U.S.C. § 2283, but vacated the award of attorney fees due to insufficient findings.
• BAC Home Loans Servicing L.P. v. Parrish
  146 So. 3d 526· Fla. 1st DCA· 2014-09-10 ·cited 9×
  BAC Home Loans Servicing sought to foreclose on a mortgage but the trial court dismissed the action because BAC's counsel failed to appear at trial. The appellate court reversed, holding that the trial notice violated the 30-day notice requirement and that the trial court failed
• Elan Aburos v. Yael Aburos
  34 So. 3d 131· Fla. 3d DCA· 2010-04-21 ·cited 9×
  The Florida District Court of Appeal reversed a civil contempt order and incarceration against a former husband for failure to pay alimony and child support, finding no competent substantial evidence that he had the present ability to pay the $25,000 purge condition. The court he
• Harrelson v. Hensley
  891 So. 2d 635· Fla. 5th DCA· 2005-01-28 ·cited 9×
  In this appellate sanctions case, the Florida District Court of Appeal, Fifth District, imposed sanctions against Veronica Harrelson for willfully failing to attend a court-ordered mediation conference without good cause or prior court excuse. The court denied sanctions against H
• Connolly v. Connolly
  543 So. 2d 356· Fla. 2d DCA· 1989-05-12 ·cited 9×
  Perry Connolly appealed a civil contempt finding for failure to pay $1,800 monthly alimony. The court reversed because the trial court failed to separately find that Connolly had the present ability to pay the purge amount before ordering incarceration, a requirement established
• Wells v. State
  654 So. 2d 146· Fla. 3d DCA· 1995-04-19 ·cited 8×
  Robert Wells was convicted of indirect criminal contempt for violating a domestic violence injunction. The Florida Third District Court of Appeal reversed his conviction, finding that the trial court erred by excluding relevant evidence regarding a subsequent court order that pla
• United States v. Underwood
  880 F.2d 612· 1st Cir.· 1989-07-24 ·cited 8×
  A grant of immunity under 18 U.S.C. § 6002 is coextensive with the Fifth Amendment privilege, compelling testimony over a claim of privilege, and the three-year sentence for contempt was unlawfully long.
• In re Grand Jury Proceedings. Appeal of United States
  875 F.2d 927· 1st Cir.· 1989-05-19 ·cited 8×
  The court held that it had jurisdiction over the appeal and that the Assistant United States Attorney's contempt conviction was not reversible error, despite the absence of a formally appointed prosecutor.
• Firestone v. The Honorable Ralph B. Ferguson, Jr.
  372 So. 2d 490· Fla. 3d DCA· 1979-05-29 ·cited 8×
  In this divorce-related contempt case, the Florida appellate court upheld a trial court's finding that Myrna Firestone was in contempt for refusing to sign a sale agreement for property (Firedell Farms) as required by a property settlement agreement incorporated into the final di
• Jefferson Nat'l Bank AT Sunny Isles v. Metro. Dade Cnty.
  285 So. 2d 445· Fla. 3d DCA· 1973-11-21 ·cited 8×
  Jefferson National Bank filled a public waterway in violation of a prior court judgment requiring removal of fill beyond a bulkhead line. After this court affirmed the removal order, the bank repeatedly sought extensions and moved to modify the judgment, prompting contempt charge
• O'Toole v. William J. Meyer Co., Inc.
  243 F.2d 765· 5th Cir.· 1957-04-09 ·cited 8×
  A plaintiff's suit should not be dismissed for failure to appear for a deposition or physical examination if the absence is not willful and counsel is unable to locate the plaintiff, especially when the defendant had ample opportunity to depose the plaintiff previously.
• Haas v. State
  196 So. 3d 515· Fla. 2d DCA· 2016-07-15 ·cited 7×
  Two attorneys, Raymond Haas and Dorothy DiFiore, were convicted of indirect criminal contempt for alleged violations of court orders protecting confidential documents in underlying litigation. The Florida District Court of Appeal reversed their convictions, holding that the prose
• Herrera v. Sanchez
  885 So. 2d 480· Fla. 5th DCA· 2004-10-29 ·cited 7×
  The court held that the record was unclear as to the former husband's ability to pay court-ordered child support, and the trial court's findings were inconsistent.
• THE Florida BAR v. Committe
  136 So. 3d 1111· Fla.· 2014-04-03 ·cited 6×
  The Florida Bar disciplined attorney Bruce Edward Committe for multiple ethical violations, including filing a frivolous lawsuit, failing to comply with a court order to pay attorney's fees, and reporting his opponent to federal authorities as retaliation. The Supreme Court of Fl