SAEED BASHIR, APPELLANT,
v.
NILSA BACHE, F/K/A NILSA BASHIR, AND NICK NAVARRO, AS SHERIFF OF BROWARD COUNTY, FLORIDA, APPELLEES

Fla. 4th DCA | 1990-02-22
No. 89-1741
DOWNEY and ANSTEAD JJ., concur., LETTS, J., dissents without opinion.
557 So. 2d 628 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand with directions that the appellant be afforded an evidentiary hearing within thirty (30) days hereof to determine whether the appellant’s confinement for civil contempt will accomplish its coercive purpose. See Morgan v. Foretich, 564 A. 2d 1 (D.C.App.1989). Upon conclusion of the hearing the trial court shall enter a written order that shall contain findings of fact and conclusions of law that may be subject to further review upon the appeal of either party.

DOWNEY and ANSTEAD JJ., concur. LETTS, J., dissents without opinion.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Costello v. The Honorable John Fennelly, 681 So. 2d 926 (Fla. 4th DCA 1996)
    …Black’s disappearance. After a finding of civil contempt, the trial court has broad discretion to decide that the sanction imposed has lost its coercive power, so that the legal justification for further confinement terminates. See Bashir v. Bache, 557 So. 2d 628 (Fla. 4th DCA 1990); Simkin v. United States, 715 F. 2d 34, 37 (2d Cir.1983). Because the trial court is in the best position to evaluate the coercive effect of the sanction on the contemnor, the trial court’s management of an incarceration sanction…
  • Saeed Bashir v. Nilsa Bache, 581 So. 2d 613 (Fla. 4th DCA 1991)
    …child beyond the court’s power and to avoid compliance with its decree. After two and one-half years in jail, we ordered the judge to hold an evidentiary hearing on whether continued incarceration would serve any coercive purpose. Bashir v. Bache, 557 So. 2d 628 (Fla. 4th DCA 1990). The judge held a hearing, and released petitioner with instructions to travel to Pakistan and make a good faith effort to have his child returned to this country for a one-month visit with the mother. Petitioner did so, but file…
  • Bonita Lewis v. Lewis, 699 So. 2d 808 (Fla. 1st DCA 1997)
    …the lower court erred in releasing the appellee from jail. As a necessary corollary to the authority to impose incarceration as a sanction for civil contempt, a trial court possesses the inherent authority to end that sanction. See Bashir v. Bache, 557 So. 2d 628 (Fla. 4th DCA 1990); Morgan v. Foretich, 564 A. 2d 1 (D.C.App.1989). Thus, we find no error in the release of appellee in the instant ease. As for the payment schedule, we do agree with appellant that the trial court erred in adopting a payment sch…

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