MARTIN G. WERNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A late appearance due to a vehicle breakdown, without more, does not constitute willful contempt of court.
Appellant Werner appeared late for court due to his automobile breaking down. The trial judge found this excuse inadequate and held Werner in criminal…
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COBB, J.
The issue on this appeal is whether the trial court erred in finding the appellant, Martin Werner, in criminal contempt of court1 for a late appearance. Werner, together with another witness, explained that his automobile had broken down on the way to court. The trial judge responded:
Sir, I understand your testimony. I don’t find that an adequate excuse to getting to court on time. You are relying on this Buick automobile for transportation, you are going to have to see that it is in proper repair.... I find you guilty of indirect criminal contempt.
In Prior v. State, 562 So. 2d 864 (Fla. 5th DCA 1990), this court found that where a defendant was merely negligent in failing to appear at the proper time for trial, he was not in willful contempt of court.
REVERSED.
HARRIS and THOMPSON, JJ„ concur. . For purposes of this appeal we accept the contention of the state that this was intended as an adjudication of direct criminal contempt although the trial court inadvertently adjudged Werner guilty of indirect criminal contempt. See Aron v. Huttoe, 258 So. 2d 272 (Fla. 3d DCA), adopted, 265 So. 2d 699 (Fla.1972).
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Citator
Cited By
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…ontempt proceeding. Williams, 698 So. 2d at 1351. Last, the allegations made by the State, even considered with the subpoena found in the court file, were insufficient to support a conviction for direct criminal contempt. See, e.g., Werner v. State, 740 So. 2d 591 (Fla. 5th DCA 1999). More important though, simply labeling Ms. Kelley’s conduct as direct criminal contempt does not alter the fact that she was entitled to the procedural due process required by In re Oliver, 333 U.S. at 275, 68 S.Ct. 499, unless…
Authorities Cited
- Aron v. The Honorable Arthur Huttoe, 258 So. 2d 272 (Fla. 3d DCA 1972)
- Parisi v. State, 265 So. 2d 699 (Fla. 1972)
- Aron v. Honorable Arthur Huttoe, 265 So. 2d 699 (Fla. 1972)
- Prior v. State, 562 So. 2d 864 (Fla. 5th DCA 1990)