TERRY GREEN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Garrett v. State, 876 So. 2d 24 (Fla. 1st DCA 2004)
  …ew. Appellant responds that preservation of error is not required because any defect in the contempt proceeding is fundamental error. The cases relied on by appellant, Hagerman v. Hagerman, 751 So. 2d 152 (Fla. 2d DCA 2000), and Hunt v. [*26] State, 659 So. 2d 363 (Fla. 1st DCA 1995), involve rule 3.840, Florida Rules of Criminal Procedure, involving indirect criminal contempt; however, the State presents no cogent reason why direct criminal contempt should be treated differently from indirect criminal contem…
• Baker v. Green, 732 So. 2d 6 (Fla. 4th DCA 1999)
  …to support the issuance of an order to show cause, the failure to comply with the rule is fundamental error and a contempt order arising out of that proceeding may not stand. See Fay v. State, 608 So. 2d 589, 589 (Fla. 4th DCA 1992); Hunt v. State, 659 So. 2d 363, 364 (Fla. 1st DCA 1995); Judkins v. Ross, 658 So. 2d 658, 659 (Fla. 1st DCA 1995); Reins v. Johnson, 604 So. 2d 911, 911 (Fla. 2d DCA 1992); Starchk v. Wittenberg, 411 So. 2d 1000, 1001 (Fla. 5th DCA 1982). This was not a case where the contemnor “…
• Yilka de Castro v. Scorpio de Castro, 957 So. 2d 1258 (Fla. 3d DCA 2007)
  …ow cause, the show cause order is sufficient); Proctor v. State, 764 So. 2d 752 (Fla. 2d DCA 2000)(holding that predicating a finding of criminal contempt on an unsworn motion for an order to show cause amounted to fundamental error); Hunt v. State, 659 So. 2d 363 (Fla. 1st DCA 1995)(fmding that a show cause order must be based on an affidavit or sworn testimony of an individual having personal knowledge of the essential facts). The contempt proceeding in the instant case was based upon a motion filed by the…