BERNICE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1992-01-17
No. 90-625
GOSHORN, C.J., and PETERSON and DIAMANTES, JJ., concur.
592 So. 2d 1184 Florida District Court of Appeal, Fifth District (1992) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Bernice White appeals a final order finding her in contempt. The contempt proceedings stem from White’s alleged failure to abide by court orders entered in the delinquency cases of two brothers. Upon adjudicating the boys delinquent, the trial court entered a detention order for each child and noted at the bottom of each order in handwriting “HRS to Staff.” White contends that the contempt finding was improper as there was no evidence that the order which she allegedly failed to obey was directed to her, that she had notice of the underlying order or that she willfully disobeyed the order. We agree and reverse.

After careful review of the record, we conclude that the notation at the bottom of the detention order at best may be considered to be an order directed to HRS. Nothing in the order or in the record indicates that White personally was ordered to do anything. Accordingly, the order finding her in contempt is reversed.

REVERSED.

GOSHORN, C.J., and PETERSON and DIAMANTES, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Knorr v. Knorr, 751 So. 2d 64 (Fla. 2d DCA 1999)
    …v. Mason, 148 Fla. 264, 4 So. 2d 255 (1941); Montanez v. Montanez, 697 So. 2d 184 (Fla. 2d DCA 1997). Further, a party may be held in contempt only if he has willfully disobeyed a directive of which he has been placed on notice. See White v. State, 592 So. 2d 1184 (Fla. 5th DCA 1992). Here, Mr. Knorr not only had received no prior notice that he was required to pay the nursing home bill and the full amount of the housekeeper’s bill; the court had expressly informed him that he was not required to do so. In th…
  • M.J. v. State, 202 So. 3d 112 (Fla. 5th DCA 2016)
    …in gross dereliction of the order- to such an extent that intent can be presumed, § 38.23, Fla. Stat. (2015); Smith, 954 So. 2d at 1194 (citing Barnes, 588 So. 2d at 1077); Knorr v. Knorr, 751 So. 2d 64, 65 (Fla. 2d DCA 1999) (citing White v. State, 592 So. 2d 1184 (Fla. 5th DCA 1992)). Before adjudicating the defendant guilty of contempt, the - court must inform the defendant of the accusation, inquire whether the defendant can show cause as to why he or she should not be held in contempt, and give the defen…

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