Public-domain · open source
OpenJurist

608 So. 2d 589

Fay v. State

District Court of Appeal of Florida

Decided December 2, 1992

District Court of Appeal of Florida · decided 1992-12-02

Cited by 5 later decisions — most recently November 2000

5 state decisions

Relies on 353 So. 2d 614 - Deter v. Deter · 411 So. 2d 1000 - Starchk v. Wittenberg · Campaniello Imports of Florida v. Jamie Management Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-02

View the full empirical analysis of this case →

PER CURIAM.

¶1Pursuant to rule 9.315(b), Florida Rules of Appellate Procedure, we summarily reverse the order and sentence of contempt in this case. The state concedes that appellant’s conduct in writing letters to his children in violation of the order of probation was not a direct criminal contempt but could only serve as an indirect contempt. See Deter v. Deter, 353 So.2d 614 (Fla. 4th DCA 1977). Further, the state concedes that its motion for rule to show cause was insufficient as it was neither sworn to nor supported by an affidavit. See Fla. R.Crim.P. 3.840(a)(1). This is fundamental error. Deter v. Deter, 353 So.2d at 618; Starchk v. Wittenberg, 411 So.2d 1000 (Fla. 5th DCA 1982). In addition, the trial court’s show cause order failed to allege the essential facts constituting the alleged contempt. See Naylor v. Naylor, 468 So.2d 398 (Fla. 4th DCA 1985). Finally, the trial court failed to follow the requirements of rule 3.840(a)(6), Florida Rules of Criminal Procedure, in that its order does not recite the acts of appellant which constitute the contempt.

¶2Reversed and remanded.

STONE, WARNER, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.
/608/so2d/589 · .json · Public domain