Willful Violation Of Court Order

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

• 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
• Sakow v. Blaylock
  Fla. 1st DCA· 2022-12-30
  The appellate court reversed a lower court's decision that denied a former wife's request for a lump-sum payment of her share of the former husband's retirement benefits. The court found the expert testimony regarding the lump sum was not speculative and that such an award was ne
• Stansell v. Revolutionary Armed Forces of Colombia
  S.D. Fla.· 2022-11-01
  The court held that default judgment against the corporate defendants was warranted as a sanction for Mr. Lopez's failure to comply with court orders, as the corporate defendants are controlled by Mr. Lopez.
• Alvarez v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2021-07-21
  Dismissal is an improper sanction for violation of a mediation order when two of three parties substantially complied with the requirement and less severe alternatives, such as attorney's fees and mediation costs, are available to remedy the noncompliance.
• Powell v. Evanson
  Fla. 1st DCA· 2021-04-09
  The appellate court reversed a contempt finding against a father, Alvin Powell, who drove to pick up his children for summer visitation. The court found the prior order, which focused on air travel arrangements, did not explicitly prohibit his conduct, and thus could not support
• Dahdouh v. Rd. Runner Moving & Storage Inc
  S.D. Fla.· 2021-03-17
  The court held that sanctions are warranted against plaintiffs' counsel for abusing the judicial process and acting in bad faith by failing to follow court orders.
• Kozyrev v. Ponomarenko
  S.D. Fla.· 2020-08-18
  Plaintiff Alexandr Kozyrev sued defendants Dmitry Ponomarenko and Fatima Esenova for breach of contract and unjust enrichment based on an alleged multi-million-dollar loan agreement. The district court found that Kozyrev and Ponomarenko engaged in bad faith by making inconsistent
• Acosta v. In re Guardianship of Mayra Acosta
  Fla. 3d DCA· 2020-03-25
• Chiron Recovery Ctr., LLC v. United HealthCare Servs., Inc.
  S.D. Fla.· 2020-02-07
  The court granted the motion to dismiss, dismissing the case with prejudice because the amended complaint violated prior court orders, failed to cure deficiencies, and failed to state a claim as a matter of law.
• Perlmutter v. Olympus Ins. Co.
  264 So. 3d 997· Fla. 4th DCA· 2019-02-20
  Involuntary dismissal is an appropriate sanction when a party willfully and repeatedly violates court orders and discovery deadlines, causing prejudice to the opposing party and demonstrating blatant disregard for judicial administration.
• Citizens Prop. Ins. Corp. v. Ballester
  259 So. 3d 977· Fla. 3d DCA· 2018-11-29
  Citizens Property Insurance Corporation appealed a jury verdict in favor of Pedro and Janette Ballester in a property damage insurance dispute arising from a marijuana grow house explosion. The appellate court affirmed the trial court's judgment, though it expressed serious conce
• Collins Asset Grp., LLC v. Prop. Asset Mgmt., Inc.
  231 So. 3d 492· Fla. 1st DCA· 2017-12-27
  The trial court erred in dismissing appellant's cause of action as a sanction without first applying the Kozel factors to determine whether dismissal was appropriate.
• Gozzo Dev., Inc. v. Anne M. Esker
  231 So. 3d 4· Fla. 4th DCA· 2017-11-22
  The court held that a compensatory fine for contempt must be limited to damages actually caused by the contemptuous conduct, and reversed an award that included fees for actions predating the contempt.
• 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
• Clover v. State
  199 So. 3d 1052· Fla. 5th DCA· 2016-08-05
  The Florida District Court of Appeal affirmed a criminal contempt judgment against attorney Lillian Clover for violating a court order. Clover disclosed confidential medical information of a party in a family law case to law enforcement, which was prohibited by the order.
• CAL v. Forward AIR Solutions, Inc.
  199 So. 3d 312· Fla. 3d DCA· 2016-07-20
  Nancy Cal appealed a trial court's dismissal of her negligence case with prejudice based on her repeated false testimony under oath and willful violations of discovery orders. The Florida Third District Court of Appeal affirmed the dismissal, finding the trial court acted within
• Ardis v. Ardis
  165 So. 3d 844· Fla. 1st DCA· 2015-06-09
  The court held that a contempt order based partly on dismissed charges and partly on violations of an expired order must be reversed.
• Herrera-Frias v. Frias
  130 So. 3d 733· Fla. 2d DCA· 2014-01-22
  Claudia Herrera-Frias appealed a dissolution judgment challenging equitable distribution, child custody, and child support awards. The appellate court affirmed the judgment, finding that the appellant's failure to provide a trial transcript and her willful violation of court orde
• Brown v. Brown
  79 So. 3d 190· Fla. 1st DCA· 2012-02-09
  A former husband seeks certiorari review of a trial court's judgment finding him in indirect civil contempt for violating prior court orders related to contact with his child's school and child support obligations. The appellate court dismisses portions of the petition for lack o
• Alan v. State
  39 So. 3d 343· Fla. 1st DCA· 2010-05-26
  Richard Keith Alan, II, an attorney, was adjudicated guilty of indirect criminal contempt for contacting a juror without court authorization to obtain her medical records, after the court had expressly denied his request. The First District Court of Appeal affirmed the conviction
• Satran v. Martinez
  982 So. 2d 1244· Fla. 5th DCA· 2008-05-30
  In this appellate mediation case, the court addressed whether sanctions should be imposed on Satran for failing to personally appear at a court-ordered appellate mediation, despite his employer Petco's belief that his presence was unnecessary. The court found the violation was no
• Alpha 2001 v. Merrill A. Bookstein
  933 So. 2d 731· Fla. 4th DCA· 2006-07-26
• Dep't OF Child. & Families v. M.M.
  855 So. 2d 1250· Fla. 4th DCA· 2003-10-15
  The Department of Children and Families appeals from a contempt finding for failing to place a dependent child in a therapeutic foster home as ordered. The Fourth District reverses, holding that the trial court erred in finding contempt without making express findings that the De
• Leshin v. TFB Props., Inc.
  802 So. 2d 362· Fla. 4th DCA· 2001-10-31
  In this eleventh appellate proceeding in a foreclosure dispute, the court affirmed a civil contempt order against appellants Leshin and Edgar Elie for willfully violating prior court orders requiring deposit of rental proceeds into a joint account and providing an accounting. The
• Botwinick v. State
  793 So. 2d 56· Fla. 3d DCA· 2001-07-05
  The court held that an attorney's question, asked in direct violation of a clear court order and intended to prejudice the jury, constituted willful contempt.
• Ins. Co. OF N. Am. v. Gaines
  765 So. 2d 139· Fla. 1st DCA· 2000-06-22
  Insurance Company of North America appeals a default judgment imposed as a sanction for allegedly violating a mediation order. The trial court found INA violated the order by not sending a corporate representative with settlement authority in addition to its outside counsel, but
• In the Interest of S.K.A. v. Dep't of Child. & Families
  702 So. 2d 546· Fla. 2d DCA· 1997-11-07
  This case involves an appeal of a parental rights termination where appointed counsel Sheila D. Turner failed to timely file the appellant's brief and comply with multiple court orders. The appellate court imposed sanctions on Turner, including a $500 fine and a one-year bar from
• Douglas v. Zelman
  666 So. 2d 188· Fla. 2d DCA· 1995-12-20
  Douglas Zelman appeals his adjudication for indirect criminal contempt based on allegedly late payments of health insurance premiums for his former wife. The court reverses, holding that the underlying court orders were insufficiently clear to put him on notice that paying premiu
• United States v. Cable News Network, Inc.
  865 F. Supp. 1549· S.D. Fla.· 1994-11-01
  The court held that CNN willfully violated a lawful and specific court order by broadcasting tape-recorded attorney-client conversations, constituting criminal contempt.
• Ramp Int'l E. Coast v. Oshkosh Truck Corporation/Trailer Division
  634 So. 2d 215· Fla. 2d DCA· 1994-03-23
  Ramp International appealed the dismissal of its four-count counterclaim with prejudice after failing to appear at a hearing or file an amended counterclaim within the ordered timeframe. The appellate court held that while most of the counterclaim was not appealable as it consist
• United States v. Allocco
  994 F.2d 82· 2d Cir.· 1993-05-21
  The court held that while the contempt order was proper, the fine was excessive and the purgation provision was inappropriate for criminal contempt.
• Bowden v. State
  614 So. 2d 659· Fla. 2d DCA· 1993-02-26
  The court held that attorney Hewitt E. Smith failed to show good cause for his repeated non-compliance with court orders and imposed sanctions.
• Cooper v. Texaco, Inc.
  961 F.2d 71· 5th Cir.· 1992-05-01
  A suspended attorney cannot collect fees for legal work performed in violation of the suspension order, and a clear suspension order can form the basis for a criminal contempt conviction.
• Weissman v. CHUBB & SON, Inc.
  444 So. 2d 1175· Fla. 4th DCA· 1984-02-15
  Weissman appealed the dismissal of his malpractice suit as a sanction for his counsel's failure to appear at trial. The court reversed, finding that dismissal as a sanction is only appropriate for willful disobedience and that counsel's reliance on the judge's judicial assistant'
• State v. Dick C.P. Lantz
  440 So. 2d 446· Fla. 3d DCA· 1983-11-01
  The Florida Third District Court of Appeal held Circuit Judge Dick C.P. Lantz in contempt for violating an explicit stay order by amending a contempt judgment during the pendency of an appeal. The court clarified that judges may be held in contempt for violating clear appellate o
• Pussycat Theatre v. State
  355 So. 2d 829· Fla. 3d DCA· 1978-02-21
  The court found the defendants in contempt for failing to comply with a prior order requiring specific legends in advertisements for the film 'DEEP THROAT', and this appeal followed.