BRIAN J. GILLER, PETITIONER,

v.

SUSAN SHANE, RESPONDENT

Fla. 3d DCA | 1995-02-01

No. 94-2340

Before SCHWARTZ, C.J., and BARKDULL and GODERICH, JJ.

648 So. 2d 1262 Florida District Court of Appeal, Third District (1995) Positive Treatment

Cited by 2 cases

Topics

Privileged Communications Contempt Of Court

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Opinion of the Court

PER CURIAM.

By writ of certiorari petitioner seeks to quash a trial court order holding him in contempt of court. Petitioner urges that the trial court departed from the essential requirements of the law by holding him in contempt for violating an order which had not been reduced to writing, and for making a privileged communication to the Florida Bar. In the first instance we hold that a finding of contempt may be based upon the eontemptor’s violation of an oral order. See Jamason v. State, 447 So. 2d 892 (Fla. 4th DCA 1983), approved, 455 So. 2d 380 (Fla. 1984) appeal dismissed, certiorari denied 469 U.S. 1100, 105 S.Ct. 768, 83 L.Ed.2d 766 (1985); Wells v. State, 471 So. 2d 620 (Fla. 5th DCA), cause dismissed, 478 So. 2d 54 (Fla. 1985), reversed on other grounds, 487 So. 2d 1101 (Fla. 5th DCA 1986). Notwithstanding this and assuming for argument’s sake that petitioner’s communication with the Florida Bar was not privileged, we hold that the oral order was ambiguous and that petitioner’s actions were not in violation of that ambiguous order. Therefore we quash the August 30, 1994, adjudication of contempt.

Order quashed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Dep't of Health & Rehabilitative Servs. v. Freeman, 686 So. 2d 767 (Fla. 5th DCA 1997)

…this case, the court summarily ordered payment of expenses of non-parties as a sanction, based on an order not of record. Under the circumstances, this order cannot be sustained. . Contempt may be based on an oral order of a court. Giller v. Shane, 648 So. 2d 1262, 1262 (Fla. 3d DCA 1995); 17 Am.Jur.2d Contempt § 130, at 488 (1990). . Shelley v. District Court of Appeal, 350 So. 2d 471 (Fla.1977).…

Authorities Cited

Jamason v. State, 447 So. 2d 892 (Fla. 4th DCA 1983)
Jamason v. State, 455 So. 2d 380 (Fla. 1984)
Wells v. State, 471 So. 2d 620 (Fla. 5th DCA 1985)
Wells v. State, 487 So. 2d 1101 (Fla. 5th DCA 1986)
Mobil Oil Corp. v. Dow Jones & Co., Inc., 469 U.S. 1100 (U.S. 1984)
Deukmejian v. Nat'l Meat Assn., 469 U.S. 1100 (U.S. 1985)

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