B.L.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse the judgment holding appellant in indirect criminal contempt of court because the order to show cause was not “based upon an affidavit or sworn testimony of an individual having personal knowledge of the essential facts.” Hunt v. State, 659 So. 2d 363, 364 (Fla. 1st DCA 1995). We do not intend by this opinion to preclude the initi ation of new proceedings, provided that the requirements of Florida Rule of Juvenile Procedure 8.150(b) are satisfied.
REVERSED.
MINER and WEBSTER, JJ., concur. LAWRENCE, J., specially concurs with written opinion.
LAWRENCE, Judge,
specially concurring.
I concur with the majority that Hunt v. State, 659 So. 2d 363 (Fla. 1st DCA 1995), requires that the judgment of the trial court be reversed. However, I write to address any suggestion that an order to show cause issued pursuant to Florida Rule of Juvenile Procedure 8.150(b) must be based only upon an affidavit or sworn testimony of an individual having personal knowledge of the essential facts. Rule 8.150(b) provides in the alternative that an order to show cause may be based upon “the [court’s] own motion.” A.L.B. v. State, 675 So. 2d 668 (Fla. 1st DCA 1996).
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Thenious Smith v. Moore, 782 So. 2d 955 (Fla. 1st DCA 2001)…on was affirmed. See Smith v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995). In 1997, Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 8.850 which was denied. See Smith v. State, 725 So. 2d 1189 (Fla. 1st DCA 1998)(citing Dixon v. State, 678 So. 2d 530 (Fla. 1st DCA 1996) (Appellant’s motion not properly verified)). In December of 1999, Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 3.800 which was denied on the basis that the motion was not the proper venue to argue that a senten…
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Thenious Smith v. State, 725 So. 2d 1189 (Fla. 1st DCA 1998)…PER CURIAM. AFFIRMED. See Dixon v. State, 678 So. 2d 530 (Fla. 1st DCA 1996). KAHN, BENTON and VAN NORTWICK, JJ., concur.…
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Geary W. Senterfitt v. Oaks, 775 So. 2d 431 (Fla. 1st DCA 2001)…mended motion for enforcement and contempt and motion for attorney’s "fees and costs is not an "affidavit of [a] person having knowledge of the facts.” Fla.R.Crim.P. 3.840(a); see Baker v. Green, 732 So. 2d 6, 7 (Fla. 4th DCA 1999); B.L.J. v. State, 678 So. 2d 530, 530 (Fla. 1st DCA 1996); Hunt v. State, 659 So. 2d 363, 364 (Fla. 1st DCA 1995). Nor does the record we have contain an order stating the essential facts constituting the alleged criminal contempt and directing Mr. Senterfitt to appear before the c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 659 So. 2d 363 (Fla. 1st DCA 1995)
- Ests. OF William H. Schutt v. Robert Spielman and wife, 659 So. 2d 363 (Fla. 1st DCA 1995)
- A.L.B. v. State, 675 So. 2d 668 (Fla. 1st DCA 1996)