ALL MARINE PROPERTIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
THUNDERBOAT FACTORY OUTLET, INC., A FLORIDA CORPORATION, AND INTERMARINE, INC., A FLORIDA CORPORATION, JOINTLY AND SEVERALLY, APPELLEES
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PER CURIAM.
We affirm the trial court’s finding that appellant was in contempt of the temporary injunction. We reverse the assessment of a $10,000 fine, contained in paragraph 2 of the July 17, 1998 contempt order. If the fine was intended as a punitive fine, or one imposed to secure future compliance with the injunction, the trial court failed to consider appellant’s financial resources or “the seriousness of the burden on that particular party.” Johnson v. Bednar, 573 So. 2d 822, 824 (Fla.1991), overruled on other grounds, Amend. To Fla. Family Law Rules of Proc., 723 So. 2d 208, 213 (Fla.1998). If the fine was intended to compensate the appellee for losses sustained, there was no evidence in the record of the appellee’s actual loss, or of any other method of computation that might have been used to set the fíne. See id. We remand to the trial court to reconsider the fine in light of Johnson.
Affirmed in part; reversed in part and remanded.
DELL, SHAHOOD and GROSS, JJ., concur.
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Citator
Cited By
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State v. Cummings, 748 So. 2d 388 (Fla. 5th DCA 2000)…o the addiction.3 The state contends that there is no evidence in the present cases that the offenses committed were related to the addictions. Thus, it maintains that the Her-rin finding is required.4 [*391] The state contends that State v. Walker, 731 So. 2d 98 (Fla. 4th DCA 1999), relied upon by Cummings, Barbato and Griffin below, is inapplicable. In that case, the court upheld the trial court’s- downward departure based upon the defendant’s mental disorder which was unrelated to his drug addiction. It d…
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Condren v. Lowry Bell, Jr., 792 So. 2d 578 (Fla. 4th DCA 2001)…lar defendant.” Parisi, 769 So. 2d at 366 (quoting United States v. United Mine Workers, 330 U.S. 258, 304, 67 S.Ct. 677, 91 L.Ed. 884 (1947); Johnson v. Bednar, 578 So. 2d 822 (Fla.1991); All Marine Props., Inc. v. Thunderboat Factory Outlet, Inc., 731 So. 2d 98 (Fla. 4th DCA 1999)). Accordingly, we reverse the contempt order and remand for proceedings consistent with this opinion. POLEN, C.J., SHAHOOD and TAYLOR, JJ., concur.…
Authorities Cited
- Johnson v. Bednar, 573 So. 2d 822 (Fla. 1991)
- Amendments to the Fla. Fam. Law Rules of Procedure, 723 So. 2d 208 (Fla. 1998)