EDITH HOROWITZ BROIDA, APPELLANT,
v.
SAMUEL S. SMITH, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MAURICE HOROWITZ, DECEASED, APPELLEE
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A party's failure to abide by a court order, even if erroneous, can be punished by contempt if the court had proper jurisdiction.
Appellant, an attorney and beneficiary, refused to deliver estate documents to the personal representative despite multiple court orders. She justifie…
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FERGUSON, Judge.
Appellant Edith Broida, an attorney, is a beneficiary under the will of her deceased father. In defiance of several court orders she refused to deliver documents needed by the personal representative in order to administer the estate of the decedent. As justification for the act of disobedience, she contends that the trial court was wrong in removing her as personal representative and in appointing the appellee.1
Where a court acting with proper jurisdiction and authority renders an order, an aggrieved party’s failure to abide by the order may be punished by contempt even if the order is ultimately found to be erroneous. Rubin v. State, 490 So. 2d 1001 (Fla. 3d DCA 1986) (citing Health Clubs, Inc. v. State ex rel. Eagan, 377 So. 2d 28 (Fla. 5th DCA 1979), appeal dismissed sub nom. Cataldo v. Eagan, 383 So. 2d 1191 (Fla.1980); State ex rel. Pearson v. Johnson, 334 So. 2d 54 (Fla. 4th DCA 1976); Friedman v. Friedman, 224 So. 2d 424 (Fla. 3d DCA 1969)).
The order of contempt is
AFFIRMED.
. That issue is still pending in the trial court. Appellant’s response to an inquiry by this court is that the trial court denied her request for a stay of the order to deliver documents pending a determination of whether she should have been replaced as personal representative. No review was sought of that ruling.
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Thomas v. State, 502 So. 2d 994 (Fla. 4th DCA 1987)…procedure of obtaining a new panel should be followed, unless clearly waived. Appellant raises two other issues which have been thoroughly discussed in his previous appeals. See Thomas v. State, 494 So. 2d 248 (Fla. 4th DCA 1986); Thomas v. State, 494 So. 2d 240 (Fla. 4th DCA 1986). Affirmed. GLICKSTEIN and DELL, JJ., concur.…
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Thomas v. State, 494 So. 2d 248 (Fla. 4th DCA 1986)…GLICKSTEIN, Judge. This appeal follows appellant’s conviction and sentence. We affirm and note that we have simultaneously issued our opinion in Thomas v. State, 494 So. 2d 240, which raises some issues which are similar to those raised here. On January 30, 1984, appellant was charged by a second amended information with robbery with a firearm of Barbara Rice (Count I); robbery with a firearm of Faye Zimmerman (Count II);…1 / 5
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis S. Rubin v. State, 490 So. 2d 1001 (Fla. 3d DCA 1986)
- Health Clubs, Inc. v. The State of Fla. ex rel. Robert Eagan, 377 So. 2d 28 (Fla. 5th DCA 1979)
- Friedman v. Friedman, 224 So. 2d 424 (Fla. 3d DCA 1969)
- State of Fla. ex rel. Cynthia M. Pearson v. The Honorable W. Clayton Johnson, 334 So. 2d 54 (Fla. 4th DCA 1976)