Writ Of Bodily Attachment

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

• 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
• Knorr v. Knorr
  751 So. 2d 64· Fla. 2d DCA· 1999-10-01 ·cited 36×
  Prejudgment civil contempt orders are reviewable by certiorari, and contempt orders are invalid if they enforce non-support debts or are issued without a required hearing on exceptions.
• Carlton Bernard Tape v. State
  661 So. 2d 1287· Fla. 4th DCA· 1995-11-01 ·cited 20×
  Carlton Bernard Tape appealed his conviction for three murders and one attempted murder, raising seven points for reversal. The court affirmed the murder convictions but reversed the attempted murder conviction because Florida law does not recognize attempted felony murder as a c
• Chetram v. Saraswattee Singh
  937 So. 2d 716· Fla. 5th DCA· 2006-08-25 ·cited 17×
  Chetram appeals a civil contempt order holding him in contempt of court for failure to pay child support arrears and authorizing his incarceration without further notice or hearing. The court reversed, finding the trial court abused its discretion by failing to provide notice, he
• State v. Pope
  675 So. 2d 165· Fla. 3d DCA· 1996-05-08 ·cited 13×
  The trial court abused its discretion by dismissing the State's case for lack of prosecution when the State was ready for trial and alternatives to dismissal existed.
• Dep't OF Revenue v. Meade
  827 So. 2d 1093· Fla. 2d DCA· 2002-10-16 ·cited 10×
  The Department of Revenue sought to hold David Meade in contempt for failure to pay child support arrears. The circuit court declined to issue a writ of bodily attachment without an additional hearing, and the appellate court affirmed, holding that due process requires a hearing
• Martyak v. Martyak
  881 So. 2d 48· Fla. 4th DCA· 2004-08-18 ·cited 9×
  Stephen Martyak appeals a contempt order for failing to pay alimony and attorney's fees, challenging the trial court's order to incarcerate him until payment of $54,278.91 in arrearages. The appellate court affirmed the contempt finding but reversed the incarceration order becaus
• 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
• Watson v. State
  989 So. 2d 699· Fla. 4th DCA· 2008-08-20 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and a writ of bodily attachment for a witness the defendant did not subpoena.
• State v. Amenhotep Alihakeem Kalfani
  968 So. 2d 599· Fla. 2d DCA· 2007-09-26 ·cited 4×
  The State appealed the trial court's dismissal of robbery and firearm possession charges when the victim-witness failed to appear for trial. The appellate court held that dismissal was an improperly harsh sanction and reversed, finding that the trial court should have first attem
• Sims v. State
  867 So. 2d 1208· Fla. 3d DCA· 2004-03-10 ·cited 4×
  The trial court erred in denying the defense's request for a writ of bodily attachment to secure the presence of a properly subpoenaed witness.
• Sanders v. Gracie Murray Laird
  865 So. 2d 649· Fla. 2d DCA· 2004-02-13 ·cited 4×
  The Florida Second District Court of Appeal granted Sanders' petition for a writ of prohibition, holding that a circuit court exceeded its authority by issuing a writ of bodily attachment intended for execution outside Florida. The court concluded that Florida Statute § 61.11(2),
• Amendments to the Fla. Fam. Law Rules of Procedure
  746 So. 2d 1073· Fla.· 1999-01-28 ·cited 4×
  The Florida Supreme Court issued amendments to the Florida Family Law Rules of Procedure, modifying several rules based on comments received following an October 1998 opinion. The amendments address confidentiality of records, expert witness procedures, injunctions for domestic a
• Wright v. Wright
  507 So. 2d 655· Fla. 3d DCA· 1987-04-21 ·cited 4×
  The court held that the trial court did not err in issuing contempt orders and a writ of bodily attachment against the husband for failing to comply with support and payment orders.
• 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
• Sosa v. Ines Portilla
  306 So. 3d 979· Fla. 3d DCA· 2020-07-22 ·cited 3×
  The appellate court reversed a trial court's order denying a motion to release passports, finding that the civil contempt order under which the passports were held lacked a necessary purge provision. This ruling emphasizes the requirement for clear compliance pathways in civil co
• THE Florida BAR v. Madsen Marcellus, Jr.
  249 So. 3d 538· Fla.· 2018-07-19 ·cited 3×
  The Florida Supreme Court reviewed a disciplinary case against attorney Madsen Marcellus, Jr., who committed professional misconduct during personal divorce proceedings, including forging his ex-wife's signature on a mortgage modification, failing to comply with family court orde
• Bronislaw Bajcar v. Monika Klaudia Bajcar
  247 So. 3d 613· Fla. 3d DCA· 2018-05-16 ·cited 3×
  Father Bronislaw Bajcar petitioned for a writ of certiorari to challenge a writ of bodily attachment issued by the trial court for alleged violation of custody orders. The Florida District Court of Appeal, Third District, granted the petition and quashed the writ, holding that th
• Carter v. Hart
  240 So. 3d 863· Fla. 5th DCA· 2018-03-16 ·cited 3×
  The court held that a simultaneous hearing on a motion for contempt and a motion for temporary alimony reduction is permissible, and that a party present at the contempt hearing with counsel receives adequate due process regarding potential incarceration.
• Maher v. Junior
  198 So. 3d 949· Fla. 3d DCA· 2016-08-04 ·cited 3×
  Michael Maher petitioned for a writ of habeas corpus challenging his detention on a $100,000 bail pending an indirect criminal contempt hearing. The Florida District Court of Appeal granted the writ and ordered his immediate release, finding the trial court violated contempt proc
• Stavre Janeski v. Vase Janeska
  974 So. 2d 1220· Fla. 2d DCA· 2008-02-29 ·cited 3×
  The court held that a writ of bodily attachment for failure to pay alimony cannot be issued without an affirmative finding that the contemnor has the present ability to pay the purge amount, supported by evidence.
• In re Amendments to the Supreme Court Approved Fam. Law Forms
  50 So. 3d 595· Fla.· 2010-12-02 ·cited 2×
  The Florida Supreme Court adopted a new family law form for writs of bodily attachment in support obligation cases and made minor amendments to existing military service forms to update contact information and statutory references.
• Pope v. Quattelbaum
  884 So. 2d 301· Fla. 2d DCA· 2004-08-18 ·cited 2×
  Mark Pope appeals a civil contempt order for failure to pay child support that imposed indefinite incarceration with a $25,000 purge condition. The court reversed because the trial court failed to comply with Florida Family Law Rule of Procedure 12.615 by not reciting the factual
• Goldstein v. Harris
  768 So. 2d 1146· Fla. 4th DCA· 2000-08-30 ·cited 2×
  Appellants Goldstein challenged the enforcement of a civil contempt order via writ of bodily attachment, claiming the Bankruptcy Code's stay provisions prevented enforcement after they filed Chapter 7 bankruptcy. The court affirmed summary judgment on the underlying claims but re
• Abuchaibe v. Paola Andrea Abuchaibe
  751 So. 2d 1257· Fla. 3d DCA· 2000-03-15 ·cited 2×
  A Florida appellate court reversed a domestic violence injunction and contempt order against a Colombian-resident father, holding that the trial court lacked jurisdiction to award custody of the parties' child because the child had no significant connection with Florida and the f
• Rupert Williams v. Adams
  636 So. 2d 191· Fla. 3d DCA· 1994-05-03 ·cited 2×
  Williams and Top Brands Marketing appealed from a default judgment entered against them. The court reversed the default, finding that Williams and the corporation did not receive notice of Adams's application for default, which entitled them to relief without needing to show excu
• Eden v. The Bank OF NEW York
  588 So. 2d 16· Fla. 4th DCA· 1991-10-16 ·cited 2×
• Haingl v. LA Puerta DEL SOL Condo. Ass'n, Inc.
  351 So. 3d 120· Fla. 2d DCA· 2022-11-04 ·cited 1×
  The appellate court affirmed in part and reversed in part a trial court's order granting injunctive relief. While the court agreed with the trial court's findings regarding breach of a settlement agreement, it reversed the portion authorizing a writ of bodily attachment without a
• Hart v. Hart
  278 So. 3d 193· Fla. 3d DCA· 2019-07-24 ·cited 1×
  The appellate court vacated a civil contempt order against a former husband because the notice of the hearing did not comply with procedural rules, violating his due process rights. The case highlights the strict notice requirements for civil contempt proceedings in family law.
• Julianne R. Frank v. Frank
  253 So. 3d 12· Fla. 4th DCA· 2018-08-08 ·cited 1×
  A former spouse appealed a civil contempt order and transfer of marital property based on alleged alimony payment defaults. The appellate court reversed, holding that while the circuit court had proper jurisdiction to hold the appellant in contempt for violating alimony obligatio
• Browne v. Blanton-Browne
  199 So. 3d 565· Fla. 1st DCA· 2016-09-19 ·cited 1×
  A Florida appellate court granted a petition for writ of certiorari and quashed a contempt order finding a father in indirect civil contempt for failure to pay child support arrearages and attorney's fees. The court held that the trial court violated Florida Family Law Rule of Pr
• 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.
• Ostolaza v. State
  943 So. 2d 1001· Fla. 2d DCA· 2006-12-13 ·cited 1×
  The trial court erred by denying a motion to continue a jury trial when the sole defense witness failed to appear despite being subpoenaed.
• Lorna Jensen v. The Est. OF Gina Gambidilla
  896 So. 2d 917· Fla. 4th DCA· 2005-03-02 ·cited 1×
  Lorna Jensen, a removed personal representative of her daughter's estate, was held in civil contempt and ordered incarcerated until she returned certain estate property. The Fourth District Court of Appeal reversed, holding that a civil contempt order in a probate proceeding requ
• Perpall v. State
  Fla. 3d DCA· 2026-01-28
  Fabian Perpall appeals his conviction for attempted first-degree murder and related crimes after the trial court denied his request for a one-day continuance to secure the testimony of a key defense witness, Lamont Riley, who had unexpectedly left the courthouse. The appellate co
• Perpall v. State
  Fla. 3d DCA· 2026-01-28
  A trial court abuses its discretion in denying a continuance when the defendant has exercised due diligence in securing a witness, the witness's testimony is substantially favorable and essential to the defense, the witness is willing to testify, and denial causes material prejud
• Chiquita Brands Int'l v. Zamhern S.A.
  S.D. Fla.· 2024-12-13
  The court granted the motion for a writ of bodily attachment against the respondent's president due to the respondent's continued failure to comply with court orders.
• Chiquita Brands Int'l v. Zamhern S.A.
  S.D. Fla.· 2024-11-22
  The court recommended granting a writ of bodily attachment against Jose Hernán Zambrano Loor, president of Respondent Zamhern S.A., due to his legal identification with the company and its repeated contempt of court orders.
• Crossroads Fin., LLC v. Alma-Mater Collection, Inc.
  S.D. Fla.· 2024-08-15
  The court recommended granting the motion for contempt, finding the judgment debtors in civil contempt for willfully violating court orders, and imposing sanctions including attorney's fees, a daily fine, and an arrest warrant for one debtor.
• Spears v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2023-12-05
  The court held that the petitioner's claims were either procedurally defaulted, not cognizable on federal habeas review, or failed to meet the high bar for relief under AEDPA and Strickland v. Washington.
• 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
• Huerta v. Morales
  Fla. 4th DCA· 2023-02-22
  The appellate court reversed a civil contempt order that included incarceration because the trial court failed to give the husband an opportunity to prove his inability to pay the court-ordered support. This decision emphasizes the due process requirement for a hearing on ability
• Hoy v. Mascolo
  S.D. Fla.· 2021-02-04
  The court adopted the Magistrate Judge's recommendation to hold Defendant Wayne Mascolo in civil contempt for failing to appear at depositions and comply with court orders.
• Martin v. Edel Weiss Eldemire-Martin
  Fla. 4th DCA· 2020-11-12
  When a contemnor fails to appear for a contempt hearing involving failure to pay support, the court must set a purge amount that is reasonable based on the individual circumstances of the parties.
• Fields v. Toussie
  Fla. 4th DCA· 2020-05-06
  A second pre-incarceration hearing is not required for civil contempt sanctions based on past noncompliance when the alleged noncompliance is not disputed.
• Coastal Dev., LLC v. Toussie
  Fla. 4th DCA· 2020-05-06
• In re Amendments to the Fla. Supreme Court Approved Fam. Law Forms - Form 12.961
  253 So. 3d 988· Fla.· 2018-09-27
  The Court amended Form 12.961 to replace mandatory language with permissive service provisions allowing mail service and to clarify that coordination of hearing dates is mandatory rather than discretionary.
• Azzan Bin Abdulla AL Ghurair v. Georgi Zaczac, Sr.
  255 So. 3d 485· Fla. 3d DCA· 2018-09-20
  Al Ghurair, a UAE resident, appeals contempt orders and writs of bodily attachment issued by the trial court for his failure to pay a $1.925 million settlement agreement with his discharged law firms. The court reversed the contempt provisions, holding that using contempt power t
• Adams v. Utah Power Sys., LLC
  255 So. 3d 968· Fla. 3d DCA· 2018-09-14
  The Florida District Court of Appeal, Third District, granted Joel Adams's petition for writ of habeas corpus and quashed writs of bodily attachment issued against him for civil contempt of court based on alleged discovery violations. The court held that the trial court failed to
• The Florida Bar v. Madsen Marcellus, Jr.
  Fla.· 2018-07-19
  Marcellus violated Bar Rules 3-4.3 (misconduct), 4-3.4(a) (unlawfully obstructing access to evidence), 4-3.4(b) (fabricating evidence), 4-3.4(c) (knowingly disobeying tribunal orders), 4-3.4(d) (failing to comply with discovery requests), 4-8.4(c) (dishonesty and fraud), and 4-8.