OFFICER RODNEY K. BATTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
OFFICER RODNEY K. BATTLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
639 So. 2d 1081
Florida District Court of Appeal, Fifth District (1994)
Opinion of the Court
PER CURIAM.
This police officer’s failure to respond to a subpoena for deposition appears to be unintentional. His explanation, given under oath, shows he lacked any intent to violate the terms of the subpoena. His contempt conviction is reversed. Scrimshaw v. State, 592 So. 2d 753 (Fla. 5th DCA 1992).
REVERSED.
HARRIS, C.J., and PETERSON, J., concur. COBB, J., concurs specially with opinion.
Concurrence
COBB, Judge,
concurring specially.
The findings of fact by the trial judge in this case show-that her contempt adjudication against Officer Battle was based, at least in part, on conduct of other persons, for which Battle could not be blamed. Accordingly, I concur in the majority result.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Robey v. Biscayne BAY Yacht Club, 592 So. 2d 753 (Fla. 3d DCA 1992)
- Scrimshaw v. State, 592 So. 2d 753 (Fla. 3d DCA 1992)