Legal Opinion · Concurring in part, dissenting in part

Alan v. State

District Court of Appeal of Florida

Decided May 26, 2010No. 1D08-3012Published

1Concurring in part, dissenting in partBenton, J.

We review contempt orders for abuse of discretion. See Thomas v. State, 752 So.2d 679, 685 (Fla. 1st DCA 2000). But a “ ‘judge cannot base contempt upon noncompliance with something an order does not say.’ Under such circumstances, the standard of review is legal error, not abuse of discretion.” DeMello v. Buckman, 914 So.2d 1090, 1093 (Fla. 4th DCA 2005) (quoting Keitel v. Keitel, 716 So.2d 842, 845 (Fla. 4th DCA 1998)).

More than a year after appellant appeared as defense counsel in a criminal trial, the circuit court found him in contempt of court, and sentenced him to five months and…

2Cases cited14 opinions

  1. Ex Parte John D. CrewsSupreme Court of Florida · 1937
  2. DeMello v. BuckmanDistrict Court of Appeal of Florida · 2005
  3. Baker v. United StatesDistrict of Columbia Court of Appeals · 2006
  4. Smith v. StateDistrict Court of Appeal of Florida · 2007
  5. First Midwest Bank/Danville v. HoaglandAppellate Court of Illinois · 1993

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API