Hoffman v. Hoffman

Jeffrey J. HOFFMAN, Petitioner, v. Elizabeth C. HOFFMAN, Respondent.

District Court of Appeal of Florida

Decided June 24, 1998.

District Court of Appeal of Florida · decided 1998-06-24

Cited by 2 later decisions — most recently December 2005

2 state decisions

Relies on Fla. Physicians Ins. Reciprocal v. Baliton · Paramount Advisors, Inc. v. Schwartz

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-24

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¶1Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Richard A. Barlow of Kibbey & Barlow, Stuart, for petitioner.

¶2W. Jay Hunston, Jr. and Ronald E. Crescenzo of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for respondent.

¶3PER CURIAM.

¶4We grant the petition for certiorari and quash the trial court's order that imposed a fine of $500.00 per day for discovery violations because the order lacked the requisite determination that the petitioner was in contempt and had the present ability to purge same. See Florida Physicians Ins. Reciprocal v. Baliton,436 So.2d 1110 (Fla. 4th DCA 1983); Paramount Advisors, Inc. v. Schwartz,591 So.2d 671 (Fla. 4th DCA 1991).

¶5GLICKSTEIN, POLEN and TAYLOR, JJ., concur.