Willful Violation Of Court Order

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

• Clark v. Sturks
  668 So. 2d 1106· Fla. 2d DCA· 1996-03-06 ·cited 6×
  Willie Clark, an incarcerated pro se litigant, appealed the dismissal of his conversion complaint for failing to attend a case management conference. The court reversed, holding that the trial court abused its discretion by dismissing the action without finding that Clark's non-a
• United States Secret Serv. Special Agent John Mrha v. Cir. Court
  537 So. 2d 182· Fla. 4th DCA· 1989-01-18 ·cited 6×
  A Florida appellate court reversed a trial court's criminal contempt conviction of a Secret Service agent who testified about counterfeit credit cards despite a colloquial instruction not to mention them. The court held that the contempt finding lacked the requisite beyond-a-reas
• Denver C. Fletcher v. S. Farm Bureau Life Ins. Co.
  757 F.2d 953· 8th Cir.· 1985-03-20 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the plaintiff's complaint with prejudice for willful disobedience of discovery orders.
• Reliance Builders OF Coral Springs, Inc. v. The City OF Coral Springs
  373 So. 2d 410· Fla. 4th DCA· 1979-07-25 ·cited 6×
  Dismissal of plaintiff's cause of action for alleged discovery violation was reversed because no order compelling compliance was entered before dismissal and no willful violation was found; protective order denying production of income tax records and marital dissolution document
• In re Holland Furnace Co.
  341 F.2d 548· 7th Cir.· 1965-01-27 ·cited 6×
  The court held that the Holland Furnace Company and certain officers (Paul T. Cheff, Alvin W. Klomparens, Richard J. Koerner) were guilty of criminal contempt for willfully violating a prior court order enforcing an FTC cease and desist order, while other directors and employees
• United States v. Robinson
  83 F.4th 868· 11th Cir.· 2023-09-28 ·cited 5×
  Diana Robinson was convicted of criminal contempt for violating a 2017 injunction that TASER obtained against Phazzer Electronics, which had prohibited the sale of certain stun guns. The Eleventh Circuit vacated Robinson's conviction, holding that the government failed to prove R
• 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
• United Auto. Ins. Co. v. Buchalter
  14 So. 3d 1100· Fla. 4th DCA· 2009-06-10 ·cited 5×
  The circuit court erred in dismissing the appeal for lack of jurisdiction, as the appeal from the final judgment preserved the right to challenge underlying orders.
• United States v. Paccione
  964 F.2d 1269· 2d Cir.· 1992-05-05 ·cited 5×
  The court held that Michael Vulpis was not subject to the terms of the Forfeiture Consent Order or the Amended Restraining Order, and therefore could not be held in criminal contempt.
• Sandrine Marie Akre-Deschamps v. Smith
  267 So. 3d 492· Fla. 2d DCA· 2019-03-20 ·cited 4×
  A parent may be held in contempt for actively preventing the return of a child at a scheduled custody exchange, even when the child refuses to leave, if the order clearly requires the return. A parent cannot be held in contempt for failing to arrange alternative pickup when the c
• Alpha McDONALD v. Veron Browne-McDONALD
  125 So. 3d 833· Fla. 4th DCA· 2013-04-03 ·cited 4×
  A former husband appeals a circuit court order enforcing a settlement stipulation requiring him to refinance a Florida home mortgage in his sole name within six months of divorce. The appellate court reversed, holding that the settlement language required both failure to make mor
• Acosta v. Renta
  84 So. 3d 1223· Fla. 3d DCA· 2012-04-11 ·cited 4×
  Jorge Acosta appeals a trial court order modifying his permanent periodic alimony obligation from $2,800 to $1 per month following his job loss, and finding him in contempt for non-payment during the four months before the modification took effect. The appellate court affirmed th
• Rose v. Inge B. Ford
  831 So. 2d 763· Fla. 4th DCA· 2002-11-27 ·cited 4×
  Attorney Jacob Rose appeals contempt orders imposing incarceration for failure to pay child support and attorney's fees. The appellate court reverses, holding that the trial court failed to make a separate, affirmative finding of Rose's present ability to pay the purge amount bef
• Sinatra v. Ikaros Aviation, Inc.
  723 So. 2d 358· Fla. 3d DCA· 1998-12-23 ·cited 4×
  Defendants appealed a default judgment entered as a sanction for discovery violations in a fraud in the inducement case involving airplane parts. The appellate court affirmed the judgment against shareholders Diane Sinatra and William Hanifin who willfully violated discovery orde
• Shields v. Shields
  636 So. 2d 169· Fla. 2d DCA· 1994-04-27 ·cited 4×
  Roger Shields was convicted of indirect criminal contempt for allegedly violating a domestic violence injunction by placing a personal notice in a newspaper. The appellate court reversed, finding insufficient evidence that Shields actually placed the notice.
• White v. State
  592 So. 2d 1184· Fla. 5th DCA· 1992-01-17 ·cited 4×
• United States v. KS & W Offshore Eng'g, Inc.
  932 F.2d 906· 11th Cir.· 1991-06-06 ·cited 4×
  The court held that the district court improperly used summary contempt procedures and that there was insufficient evidence to support a criminal contempt finding for the attorney's late appearance.
• Coppola v. Isa McNAB
  540 So. 2d 242· Fla. 4th DCA· 1989-03-29 ·cited 4×
  The court held that striking pleadings and entering a default judgment was too harsh a sanction for a first infraction of failing to meet with opposing counsel for a pre-trial statement.
• McQUEEN v. State
  531 So. 2d 1030· Fla. 1st DCA· 1988-10-04 ·cited 4×
  Sybil McQueen was adjudicated guilty of indirect criminal contempt for violating a dependency court order. She appealed, arguing she should not be held in contempt because the trial court erroneously denied her motion to stay the order pending appeal. The court affirmed, holding
• United States v. Troxler Hosiery Co., Inc.
  672 F.2d 365· 4th Cir.· 1982-02-16 ·cited 4×
  The court held that Troxler Hosiery Co. was guilty of criminal contempt for willfully disobeying a court order prohibiting the removal of seized goods from the district.
• WIX v. WIX
  159 So. 3d 312· Fla. 2d DCA· 2015-03-06 ·cited 3×
  Claudia Wix appealed a postdissolution order denying her motions to find her ex-husband in contempt of court for failing to pay alimony. The Florida Second District Court of Appeal reversed, holding that the trial court abused its discretion by failing to consider the ex-husband'
• Donner v. Hetherington
  376 So. 2d 404· Fla. 3d DCA· 1979-10-16 ·cited 3×
  A dismissal with prejudice is not justified by disruptive behavior alone without willful disobedience of a court order.
• Houser v. Cnty. OF Volusia
  25 So. 3d 75· Fla. 5th DCA· 2009-12-18 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court's dismissal of a negligence action as a sanction for dilatory conduct, holding that the trial court failed to make the requisite findings of fact necessary to support such a sanction under the Kozel factors.
• Harvey v. State
  32 So. 3d 61· Fla. 2d DCA· 2008-10-22 ·cited 2×
  Harvey appeals his criminal contempt conviction for failure to pay court-ordered child support. The trial court erred by compelling Harvey to testify against himself in a criminal contempt proceeding, violating his Fifth Amendment right against self-incrimination. The appellate c
• Albright v. Albright
  788 So. 2d 1125· Fla. 4th DCA· 2001-07-11 ·cited 2×
  Robert Albright appeals a trial court contempt order holding him in contempt for failure to pay alimony to his ex-wife and ordering incarceration until he pays the arrearage of approximately $24,000. The appellate court affirms, finding sufficient evidence that Albright possessed
• Meixner v. Meixner
  785 So. 2d 600· Fla. 3d DCA· 2001-04-25 ·cited 2×
  The court held that a change in custody was improper without findings of a substantial change in circumstances and the child's best interest, and that the trial court should first determine subject matter jurisdiction.
• In re Se. Banking Corp. Sec. & Loan Loss Reserves Litig.
  212 B.R. 397· S.D. Fla.· 1997-08-01 ·cited 2×
  The court held that the plaintiff and his counsel willfully violated court orders and engaged in abusive litigation practices, warranting dismissal of the case with prejudice.
• Romano v. Concetta Russo
  620 So. 2d 795· Fla. 3d DCA· 1993-06-22 ·cited 2×
• Avionic Co. v. Gen. Dynamics Corp.
  957 F.2d 555· 8th Cir.· 1992-02-21 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing Avionic's claim as a sanction for its president's willful refusal to comply with discovery orders, especially after the witness's death made the failure unalterable.
• In re Betts
  927 F.2d 983· 7th Cir.· 1991-03-19 ·cited 2×
  The court held that Betts' conviction for criminal contempt for failing to appear at a hearing was improper because the court order was not reasonably specific, and therefore, the violation could not be deemed willful.
• Bergman v. United States
  844 F.2d 353· 6th Cir.· 1988-04-18 ·cited 2×
  The court held that the plaintiffs were not entitled to attorneys' fees under the EAJA, either through 42 U.S.C. § 1988 or common law principles, because they did not prevail on any civil rights claims against the United States and the government did not act in bad faith or willf
• United States v. LAY
  779 F.2d 319· 6th Cir.· 1985-11-01 ·cited 2×
  The court held that a self-induced inability to comply with court orders is not a defense in a contempt proceeding, and the district court did not abuse its discretion in ordering a jail sentence to coerce compliance.
• Romari Corp. v. United States
  531 F.2d 296· 5th Cir.· 1976-05-10 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing Romari's action without prejudice for failure to comply with a discovery order.
• Rohauer v. The Eastin-Phelan Corp.
  499 F.2d 120· 8th Cir.· 1974-06-12 ·cited 2×
  The court held that the district court did not abuse its discretion in dismissing the action with prejudice due to the plaintiff's willful refusal to comply with discovery orders and court rules.
• Perez v. State of Fla. & Madison Weiss
  334 So. 3d 742· Fla. 5th DCA· 2022-03-14 ·cited 1×
  A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
• Gamal Marwan v. Geilan Sahmoud
  306 So. 3d 248· Fla. 3d DCA· 2020-06-17 ·cited 1×
  The appellate court granted a writ of prohibition, finding that the trial court's extensive questioning of a party after the evidence was closed created a reasonable fear of bias. This decision highlights the importance of judicial neutrality in adversarial proceedings.
• Rosenwater v. Deutsche Bank Nat'l Tr. Co. FOR the Soundview Home Loan Tr. 2007-NS1 Asset-Backed Certificates
  220 So. 3d 1204· Fla. 4th DCA· 2017-06-21 ·cited 1×
  An attorney was found in direct criminal contempt for failing to appear at a case management conference and making disrespectful comments to the trial judge. The Fourth District Court of Appeal reversed and remanded because Florida Rule of Criminal Procedure 3.840(e) requires a j
• Hemmerle v. Bakst (In Re Sun-Island Realty
  177 B.R. 391· S.D. Fla.· 1994-10-14 ·cited 1×
  The district court affirmed the bankruptcy court's orders finding the appellant in civil contempt and directing turnover of funds, holding that the appeal of the contempt order was untimely and the substantive issues were without merit.
• In the Interest of: I.H. and B.H. v. Dep't of Health & Rehabilitative Servs.
  614 So. 2d 662· Fla. 2d DCA· 1993-02-26 ·cited 1×
  The court held that an attorney's repeated failure to comply with court orders to file a brief, despite multiple extensions and warnings, constituted willful violation warranting sanctions.
• JET Blast Inc v. Blue Lake Serv. LLC
  N.D. Fla.· 2025-07-17
  The court held that continued willful defiance of court orders and rules, including failure to pay sanctions, warranted significant monetary penalties rather than immediate dismissal, but warned of future dismissal for any further non-compliance.
• Braver v. Wachob
  S.D. Fla.· 2025-06-13
  Defendant Derek Wachob repeatedly failed to appear for court-ordered depositions in a financial fraud case brought by plaintiffs Skip Braver and Chad Braver, leading the court to hold a hearing to determine appropriate sanctions. The court held Wachob in civil contempt for violat
• 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
• D'Clute v. Fla. Power & Light Co.
  S.D. Fla.· 2024-11-20
  The court recommended granting in part and denying in part the defendant's motion for sanctions, imposing monetary sanctions for non-compliance with a discovery order but denying sanctions that would prejudice the plaintiff's case.
• Rocio Merlihan v. Skinner
  382 So. 3d 735· Fla. 4th DCA· 2024-03-13
  The appellate court reversed a trial court's final order on parental responsibility and a contempt order, finding that the trial court improperly delegated its decision-making authority by wholesale adopting a Guardian Ad Litem's report and that the contempt order lacked necessar
• United States v. Hernandez
  S.D. Fla.· 2024-01-05
  The court affirmed the Magistrate Judge's report, finding the defendant in civil contempt for willfully violating the terms of a prior injunction by preparing fraudulent tax returns.
• Lion Lior Hason v. Hason
  Fla. 2d DCA· 2023-08-18
  The appellate court reviewed a contempt order against a former husband for failing to make support payments through the designated disbursement unit. While the court found the husband in contempt, it questioned the trial court's remedy of ordering repayment of the full amount, su
• Rembert v. Dunmar Ests.
  M.D. Fla.· 2023-07-24
  The court is initiating a show cause order for sanctions against plaintiff's counsel due to a pattern of bad faith litigation behavior, including failure to comply with court orders and local rules, and making baseless accusations of judicial bias and racial discrimination.
• Flynn v. Flynn
  Fla. 2d DCA· 2023-03-10
  The appellate court granted certiorari review to address whether a former wife was entitled to discovery regarding the proceeds from the sale of her former husband's business property. The court held that such discovery was permissible because the former husband's assets are rele
• Sec. & Exch. Comm'n v. Harbor City Cap. Corp.
  M.D. Fla.· 2023-01-30
  The court held that it has exclusive jurisdiction over the property and that Benworth's continued pursuit of a state foreclosure action in violation of a federal stay order may warrant contempt sanctions.
• T. W. v. T. H.
  Fla. 2d DCA· 2023-01-20
  This case involves a father's appeal of several court orders related to child support and expenses. The appellate court reversed the contempt finding for unpaid Kumon tutoring fees due to ambiguity in prior orders, while affirming other contempt findings and denying the father's