Legal Opinion

Sutton v. Amerson

District Court of Appeal of Florida

Decided March 7, 2006No. 1D05-5408PublishedCited by 1 opinion

1Per curiam

Upon consideration of the appellant’s response to the Court’s order of November 28, 2005, the Court has determined that the order on appeal is not an appealable order.

A final order holding a party in indirect criminal contempt for failure to comply with an order of the court pursuant to Florida Rule of Criminal Procedure 3.840, is an appealable order. See Hunt v. State, 659 So.2d 363 (Fla. 1st DCA 1995); Baker v. Green, 732 So.2d 6 (Fla. 4th DCA 1999). Here, however, the lower tribunal appears to have neither granted nor denied the motion. Contrary to the appellant’s assertion, the order on…

2Cases cited2 opinions

  1. Hunt v. StateDistrict Court of Appeal of Florida · 1995
  2. Baker v. GreenDistrict Court of Appeal of Florida · 1999

3Cited by1 opinion

  1. Theus v. StateDistrict Court of Appeal of Florida · 2006

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