Legal Opinion

Porter v. Porter

District Court of Appeal of Florida

Decided September 3, 1997No. 96-2592PublishedCited by 1 opinion

1Per curiam

Craig Michael Porter appeals an order of commitment pursuant to an adjudication of indirect criminal contempt. As the state properly concedes, the trial court erred in failing to comply with the procedures set forth in Florida Rule of Criminal Procedure 3.840. See De Mauro v. State, 632 So.2d 727 (Fla. 3d DCA 1994). Accordingly, we reverse the finding of criminal contempt and order of commitment and remand for a new hearing. The matter shall be heard before a different judge as Porter’s motion to recuse the judge was legally sufficient to establish the he had a well-grounded fear that he…

2Cases cited1 opinion

  1. Fischer v. KnuckSupreme Court of Florida · 1986

3Cited by1 opinion

  1. Lo v. LoDistrict Court of Appeal of Florida · 2004

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