BILLY J. SPEER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Billy Speer was found in contempt of court for failing to appear at a hearing on docket day. The appellate court reversed the contempt order, holding that while failure to appear pursuant to a court order can constitute direct criminal contempt, nothing in the record showed that Speer had actually been ordered to appear in court.
While failure to appear in court pursuant to a court order can constitute direct criminal contempt, the contempt order must be reversed because nothing in the record indicates that Speer had been ordered to appear in court.
[1] Failure to appear in court pursuant to a court order can constitute direct criminal contempt.
[2] Non-appearance in court, when ordered, is generally considered direct criminal contempt as it occurs in the immediate view and presence of the court.
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Join FLexlaw to unlock all legal intelligence“The failure to appear in court pursuant to a court order can constitute direct criminal contempt.”
Establishes the general legal principle that non-appearance can be direct contempt
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Join FLexlaw to unlock all legal intelligenceBilly J. Speer was found in contempt of court for refusing to come to court for a hearing on docket day. The contempt finding was based on his failure…
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pER CURIAM.
We review an order finding appellant, Billy J. Speer, in contempt of court because he “refused to come to court” for a hearing on “docket day.” The failure to appear in court pursuant to a court order can constitute direct criminal contempt. See Aron v. Huttoe, 258 So. 2d 272, 274 (Fla. 3d DCA) (“The contemptuous acts were committed in the actual presence of the court when the court saw that the doctor was not present at the trial with his records and saw and heard that he had been subpoenaed by each party.... We believe the record establishes the trial court saw and heard a contempt committed in its actual presence and that this was a direct criminal contempt.”), adopted, 265 So. 2d 699 (Fla.1972); Porter v. Williams, 392 So. 2d 59, 60 (Fla. 5th DCA 1981) (“Non-appearance pursuant to an order of the court is normally considered a direct criminal contempt since it is committed in the immediate view and presence of the court.”); Sandstrom v. State, 390 So. 2d 448, 449 (Fla. 4th DCA 1980) (“Appellant’s next assertion that his failure to appear in court on the day and time ordered could not be the basis for a direct contempt, but only an indirect contempt, is erroneous.”); James v. State, 385 So. 2d 1145, 1145 (Fla. 3d DCA 1980) (explaining that an attorney’s failure to appear at a scheduled court hearing “may be a direct criminal contempt or, if explained, may be shown not to be contemptuous”).
See also Woods v. State, 600 So. 2d 27, 29 n. 1 (Fla. 4th DCA 1992) (“While the recent case of Hayes v. State, 592 So. 2d 327 (Fla. 4th DCA 1992), questions the logic of treating non appearance as a direct criminal contempt, that issue was addressed in Aron, which is controlling.”).
In this case, however, we must reverse the contempt order because nothing in the record indicates that Speer had been ordered to appear in court. The State has not filed anything to suggest otherwise.
REVERSED.
KAHN, WEBSTER and VAN NORTWICK, JJ„ CONCUR.
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Citator
Cited By
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…of more recent Florida Supreme Court decisions. We disagree with other district courts which have interpreted Aron broadly to hold that failing to appear in court pursuant to a court order may constitute direct criminal contempt. See Speer v. State, 742 So. 2d 373 (Fla. 1st DCA 1999); Woods v. State, 600 So. 2d 27 (Fla. 4th DCA 1992).4 It is important to note that the actual holding of Aron is much more limited than suggested by Speer and Woods. The district court in Aron held that the conduct at issue there…
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Bouie v. State, 784 So. 2d 521 (Fla. 4th DCA 2001)…he facts constituting the contempt, a reversal and remand for correction of judgment is required.). Furthermore, the record does not indicate that Appellant was ordered to appear in court on the date on which he failed to appear. See Speer v. State, 742 So. 2d 373 (Fla. 1st DCA 1999) (A judgment of contempt for failure to appear requires reversal where the record does not indicate that the defendant was ordered to appear in court.). Accordingly, we reverse the judgment of contempt for failure to appear and r…
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State v. DE LA Portilla, 177 So. 3d 965 (Fla. 2015)…the Court and warranted appropriate sanctions; and WHEREAS the Court has complied with Rule 3.830 in this finding and process, and failure to appear can be Direct Criminal Contempt Bouie v. State, 784 So. 2d 521 (Fla. 4th DCA 2001); Speer v. State, 742 So. 2d 373 (Fla. 1st DCA 1999); Porter v. Williams, 392 So. 2d 59 (Fla. 5th DCA 1981); NOW, THEREFORE, in consideration thereof, it is ORDERED AND ADJUDGED that Respondent/Husband, ALEX DIAZ DE LA PORTILLA, is guilty of Direct Criminal Contempt of this Court…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)
- Woods v. State, 600 So. 2d 27 (Fla. 4th DCA 1992)
- Aron v. The Honorable Arthur Huttoe, 258 So. 2d 272 (Fla. 3d DCA 1972)
- Hayes v. State, 592 So. 2d 327 (Fla. 4th DCA 1992)
- Parisi v. State, 265 So. 2d 699 (Fla. 1972)
- Porter v. Volie A. Williams, Jr., 392 So. 2d 59 (Fla. 5th DCA 1981)
- Aron v. Honorable Arthur Huttoe, 265 So. 2d 699 (Fla. 1972)
- James v. State, 385 So. 2d 1145 (Fla. 3d DCA 1980)