DOUGLAS PRIOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a conviction for contempt of court. The evidence is insufficient to establish that appellant engaged in willful conduct or acted in a manner calculated to hinder the orderly process of the court. The evidence is insufficient to establish that appellant intentionally violated any rule or order of the court or conducted himself in such a manner as to display contempt for the court. The evidence, at best, demonstrates that appellant was negligent in failing to appear at the proper time for trial. The only reasonable inference from the evidence is that appellant was either negligently misled by his secretary/wife concerning when he was expected to appear for trial or that the instructions of the judge’s secretary were misunderstood. See Stevens v. State, 547 So. 2d 279 (Fla. 5th DCA 1989); Sewell v. State, 443 So. 2d 164 (Fla. 1st DCA 1983); Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981); Litus v. McGregor, 381 So. 2d 757 (Fla. 5th DCA 1980).
The judgment of contempt is reversed.
REVERSED.
DAUKSCH, COWART and GRIFFIN, JJ., concur.
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Citator
Cited By
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Espinal v. Ryan, 31 So. 3d 818 (Fla. 3d DCA 2010)…on of his liberty in such a circumstance. See Eulo v. State, 786 So. 2d 43, 44 (Fla. 4th DCA 2001) (holding defendant’s fifteen minute delay to court was de minimus, and did not warrant a sentence above that which was bargained for); Prior v. State, 562 So. 2d 864 (Fla. 5th DCA 1990) (concluding defendant could not be held accountable for criminal contempt where the record established negligence at best in failing to appear at the proper time for trial); Johnson v. State, 501 So. 2d 158, 160 (Fla. 3rd DCA 198…
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B.S. v. State, 646 So. 2d 287 (Fla. 2d DCA 1994)…at there was no showing that his failure to appear at the September 4 hearing was willful. We agree. At most the record shows that his attorney and parent were negligent in failing to ascertain whether his presence was necessary. See Prior v. State, 562 So. 2d 864 (Fla. 5th DCA 1990). We reverse the order of contempt. THREADGILL and LAZZARA, JJ., concur.…
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Werner v. State, 740 So. 2d 591 (Fla. 5th DCA 1999)…find that an adequate excuse to getting to court on time. You are relying on this Buick automobile for transportation, you are going to have to see that it is in proper repair.... I find you guilty of indirect criminal contempt. In Prior v. State, 562 So. 2d 864 (Fla. 5th DCA 1990), this court found that where a defendant was merely negligent in failing to appear at the proper time for trial, he was not in willful contempt of court. REVERSED. HARRIS and THOMPSON, JJ„ concur. . For purposes of this ap…
Authorities Cited
- Thomson v. State, 398 So. 2d 514 (Fla. 2d DCA 1981)
- Sewell v. State, 443 So. 2d 164 (Fla. 1st DCA 1983)
- Litus v. McGREGOR, 381 So. 2d 757 (Fla. 5th DCA 1980)
- Stevens v. State, 547 So. 2d 279 (Fla. 5th DCA 1989)