JOSEPH H. MURPHY, JR., AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUCILLE K. NEWKIRK, DECEASED, APPELLANT,
v.
JOHN HOENIGMANN, ET AL., APPELLEES

Fla. 3d DCA | 1988-05-31
No. 87-1738
Before NESBITT, BASKIN and DANIEL S. PEARSON, JJ.
525 So. 2d 1009 Florida District Court of Appeal, Third District (1988) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Finding that the trial court’s decision is supported by substantial, competent evidence, we affirm the Final Judgment. See Brown v. Taylor, 500 So. 2d 309 (Fla. 2d DCA 1986); Brown v. Vining, 334 So. 2d 647 (Fla. 3d DCA 1976); In re Estate of Agardy v. Dunn, 293 So. 2d 145 (Fla. 3d DCA 1974); McDonough v. Rudisill, 229 So. 2d 268 (Fla. 2d DCA 1969), cert. denied, 237 So. 2d 532 (Fla.1970); Carberry v. Foley, 213 So. 2d 635 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 750 (Fla.1969).

Affirmed.


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Citator

Cited By

  • Patz v. State, 691 So. 2d 66 (Fla. 3d DCA 1997)
    …endant shall be given the opportunity to present evidence of excusing or mitigating circumstances. (Emphasis added). See also, Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994); Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993); Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988); Kahn v. State, 447 So. 2d 1048 (Fla. 4th DCA 1984); State ex rel Garlovsky v. Eastmoore, 393 So. 2d 567 (Fla. 5th DCA 1981). The case law in this area is very clear that strict adherence to the rule is absolutely imperative. “Scr…
  • Poitier v. Spears, 750 So. 2d 767 (Fla. 3d DCA 2000)
    …contempt proceedings and requires “scrupulous compliance ... because its provisions constitute the essence of due process.” Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993); see Cook v. State, 636 So. 2d 895 (Fla. 3d DCA 1994); Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988). Here, the trial court did not enter an order adjudicating the defendant in direct criminal contempt and did not follow the mandatory requirements of the rule. Accordingly, the petitioner’s conviction on the contempt charge must b…
  • Jackson v. State, 626 So. 2d 1050 (Fla. 3d DCA 1993)
    …se to show why he or she should not be adjudged guilty of contempt by the court and sentenced therefor. The defendant shall be given the opportunity to present evidence of excusing or mitigating circumstances. Fla.R.Crim.P. 3.830; Thaxton v. State, 525 So. 2d 1009 (Fla. 3d DCA 1988); Kahn v. State, 447 So. 2d 1048 (Fla. 4th DCA 1984); State ex rel. Garlovsky v. Eastmoore, 393 So. 2d 567 (Fla. 5th DCA 1981). Peters v. State, 626 So. 2d 1048 (Fla. 4th DCA 1993) is [*1051] uncannily similar both as to the conten…

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