COLIN R. FOLSOM, APPELLANT,
v.
CAROLYN R. FOLSOM, APPELLEE
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The court held that an order of indirect criminal contempt must be vacated if the trial judge fails to include a recitation of the facts constituting the contempt in the judgment of guilt, as required by Florida Rule of Criminal Procedure 3.840(a)(6).
Appellant husband was found guilty of indirect contempt in a dissolution of marriage proceeding. The trial judge failed to comply with Florida Rule of…
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CAMPBELL, Judge.
Appellant husband appeals an order finding him guilty of indirect contempt in a dissolution of marriage proceeding in the trial court. Appellant argues that the order of contempt should be vacated because the trial judge failed to comply with the procedural requirements of Florida Rule of Criminal Procedure 3.840, thereby denying appellant procedural due process.
We find merit only in the argument that the trial judge did not sufficiently comply with the mandate of rule 3.840(a)(6). That section of the rule provides that at the conclusion of the contempt hearing the trial judge shall sign and enter of record a judgment of guilt or not guilty that shall include a recitation of the facts constituting the contempt. Our courts have held that the procedures set forth in rule 3.840 must be strictly followed before a person is found guilty of indirect criminal contempt. Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977); Bukszar v. Bukszar, 368 So. 2d 430 (Fla. 2d DCA 1979); Vines v. Vines, 357 So. 2d 243 (Fla. 2d DCA 1978).
We find that the trial court sufficiently complied with rule 3.840 except that it failed to recite the facts that constituted the contempt in the judgment of guilt. Therefore, we vacate the order of commitment. On remand, the trial judge may enter a judgment of guilt containing a proper recitation of facts based upon its findings at the show cause hearing. Upon entry of such a judgment, an order of commitment may be reissued without the necessity of further hearings.
The order is thereby vacated and remanded.
DANAHY, C.J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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MIX v. State, 827 So. 2d 397 (Fla. 2d DCA 2002)…an order to show cause was sufficient because it incorporated and attached the former wife’s sworn petition). The procedures under rule 3.840 must be strictly followed before a person is found guilty of indirect criminal contempt. Folsom v. Folsom, 509 So. 2d 1330 (Fla. 2d DCA 1987). A court’s failure to comply with rule 3.840 is fundamental error and no objection is required. Hagerman, 751 So. 2d at 154. Because the order to show cause did not adhere to the requirements of rule 3.840, we are compelled to rev…
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Givner v. State, 559 So. 2d 466 (Fla. 4th DCA 1990)…a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So. 2d 1282 (Fla.3d DCA 1989). Any contempt judgment must set forth the facts which constitute the contempt, which the judgment here failed to do. See Folsom v. Folsom, 509 So. 2d 1330 (Fla.2d DCA 1987). GLICKSTEIN, DELL and GARRETT, JJ., concur.…
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Hogg v. State, 585 So. 2d 1192 (Fla. 1st DCA 1991)…rsed and the cause remanded for entry of a corrected judgment and sentence. See Davis v. State, 261 So. 2d 188 (Fla. 1st DCA), cert. denied, 265 So. 2d 51 (Fla.1972); see also Alexander v. State, 576 So. 2d 350 (Fla. 5th DCA 1991); Folsom v. Folsom, 509 So. 2d 1330 (Fla. 2d DCA 1987); and White v. Buck, 505 So. 2d 36 (Fla. 5th DCA 1987). REVERSED and REMANDED for proceedings consistent with this opinion. WIGGINTON and KAHN, JJ., concur. . The judgment and sentence recites that appellant was found guilty…
Authorities Cited
- 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)