ROBERT R. JOHNSON, HUSBAND, APPELLANT/PETITIONER,
v.
SHARON JOHNSON, WIFE, APPELLEE/RESPONDENT
PER CURIAM.
This is an appeal from a judgment and sentence for criminal contempt. Upon review of the record we are of the view that the appellant was entitled to the procedural due process rights provided in Fla.R.Crim.P. 3.840 and that the trial court erred in entering judgment and sentence without first following the procedures set out therein. See Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 197); Buzkar v. Buzkar, 368 So. 2d 430 (Fla. 2d DCA 1979); Vines v. Vines, 357 So. 2d 243 (Fla. 2d DCA 1978). Accordingly, this cause is hereby reversed and remanded for further proceedings in accord herewith.
ANSTEAD, MOORE and BERANEK, JJ., concur.
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Vilardebo v. Keene Corp., 431 So. 2d 620 (Fla. 3d DCA 1983)…defendant’s motion for summary final judgment. Rather, it is for the defendant, mov-ant, to show affirmatively that there is no genuine material issue upon the defense that he, the defendant, is urging. See Heffernan v. Consolidated Aluminum, Inc., 387 So. 2d 515 (Fla. 4th DCA 1980). Therefore, a plaintiff’s failure to prove cannot be a proper basis for a summary final judgment for a defendant. Although there may arise rare instances where it affirmatively appears from the pleadings, affidavits and discovery…
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Brock v. G.D. Searle & Co., 530 So. 2d 428 (Fla. 1st DCA 1988)…lso note that generally on a motion for summary judgment, it is the burden of the defendant to establish the absence of any genuine issue of material fact and not of the claimant to prove his cause of action. Heffeman v. Consolidated Aluminum, Inc., 387 So. 2d 515 (Fla. 4th DCA 1980); Parker v. Lower Florida Keys Hospital District. Thus, the trial court also erred to the extent it shifted that burden by requiring appellants to proffer a prima facie case of fraud or else suffer an adverse summary judgment. Fi…
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- Rocco Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977)
- Vines v. Doyle Eugene Vines, 357 So. 2d 243 (Fla. 2d DCA 1978)
- Reba Jean Bukszar v. Bukszar, 368 So. 2d 430 (Fla. 2d DCA 1979)