Department of Transportation v. Burnette

ROBERT P. SMITH, Jr., Judge.

This case tests the proper construction of our mandate and opinion in Dept. of Transportation v. Burnette, 384 So.2d 916 (Fla. 1st DCA 1980). In this interlocutory appeal, the Department seeks relief from a circuit court order of contempt entered after remand, upon a finding that the Department had willfully failed to comply with final judgment as modified by our decision. Because we find the Department did not violate our decision and mandate, properly construed, we vacate the contempt order.

This dispute came before us previously after the Madison County circuit…