RICHARD G. LUBIN, PETITIONER,

v.

DISTRICT COURT OF APPEAL, FIFTH DISTRICT OF FLORIDA, RESPONDENT

Citator

Cited By (25 total)

• Eugenia Bowen & the Fla. Dep't of Health & Rehabilitative Servs. v. Bowen, 471 So. 2d 1274 (Fla. 1985)
  …need to explain our decisions in Faircloth v. Faircloth, 339 So. 2d 650 (Fla.1976); Garo v. Garo, 347 So. 2d 418 (Fla.1977); Pugliese v. Pugliese, 347 So. 2d 422 (Fla.1977); Lamm v. Chapman, 413 So. 2d 749 (Fla.1982); and Andrews v. Walton, [*1276] 428 So. 2d 663 (Fla.1983), and harmonize them with multiple district court decisions on this issue. In this opinion, we will attempt to clarify the law with respect to the use of civil and criminal contempt in family support matters. In the instant case, the peti…
• Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
  …initial evidence. Notice of the contempt hearing and the ability to be heard at that hearing more than satisfy the fundamental fairness and due process to which Pompey was entitled if he was to be incarcerated for civil contempt. Andrews v. Walton, 428 So. 2d 663 (Fla.1983). When the contem-nor is finally taken into custody, if he can show a then present inability to pay, Boiven means that he need then seek a hearing before the trial judge to establish that inability- The plurality asserts that when obligor…

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• Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)
  …that the actions of which she was accused amounted to indirect criminal contempt. If so, the proceedings against Ms. Kelley plainly violated her due process rights as expressly delineated in rule 3.840. See Gidden, 613 So. 2d 457; Andrews v. Walton, 428 So. 2d 663 (Fla.1983). Given the paucity of due process protections afforded Ms. Kelley in the court below, it is more likely that Judge Downey proceeded against her on a charge of direct criminal contempt. And, indeed, we have found authority for the proposi…

Authorities Cited

• Addison v. Honorable Cecil Brown, 413 So. 2d 1240 (Fla. 5th DCA 1982)