STEVEN D. SCHWARTZ AND CALVIN A. SCHWARTZ, APPELLANTS,
v.
EILEEN SCHWARTZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DALE E. SCHWARTZ, APPELLEE

Fla. 4th DCA | 1996-04-10
No. 96-0474
POLEN and SHAHOOD, JJ., concur.
670 So. 2d 1204 Florida District Court of Appeal, Fourth District (1996) Caution
Cited by 2 cases
Opinion of the Court
FARMER, Judge.

FARMER, Judge.

We agree that the order of contempt was error. A finding of contempt must be based on evidence and not solely on the unsworn statements of counsel. See Petition of Hughes, 318 So. 2d 409 (Fla. 4th DCA 1975). We reverse the finding of contempt and remand for an evidentiary hearing.

POLEN and SHAHOOD, JJ., concur.

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  • Widom v. Widom, 679 So. 2d 74 (Fla. 4th DCA 1996)
    …l, the notice of appeal from the-final judgment of dissolution matures and vests the appellate court with jurisdiction to review the entitlement issue. Easley, McCaleb & Stallings, Ltd. v. Gibbons, 667 So. 2d 988 (Fla. 4th DCA 1996); Patsy v. Patsy, 670 So. 2d 1204, 1205 (Fla. 4th DCA 1996). As this court recently held in Patsy, “where the final judgment determines entitlement to attorney’s fees, entitlement, the issue here, can be raised on an appeal from the final judgment, notwithstanding that the amount wa…
  • Ritchie v. Ritchie, 687 So. 2d 1358 (Fla. 4th DCA 1997)
    …court, the propriety of the trial court’s attorney’s fee award is ripe for review. See Widom v. Widom, 679 So. 2d 74, 75 (Fla. 4th DCA 1996); Easley, McCaleb & Stallings, Ltd. v. Gibbons, 667 So. 2d 988 (Fla. 4th DCA 1996); see also Patsy v. Patsy, 670 So. 2d 1204 (Fla. 4th DCA 1996). Widow, Easley and Patsy do not represent a change of law in this district. We distinguish this ease, as well as Widow, Eas-ley and Patsy, from cases where this court has declined, based on ripeness, to exercise its jurisdiction…

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