RUDOLF SCHMIDT, APPELLANT,
v.
ELISA H. HUNTER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Rudolf Schmidt appeals a contempt of court conviction and fifteen-day jail sentence for violating a domestic violence injunction. The Florida appellate court reversed because the final contempt hearing was not reported, preventing meaningful appellate review of whether polygraph evidence was improperly admitted.
The court reversed Schmidt's contempt adjudication because the unreported September 27 hearing prevented meaningful appellate review of facially sufficient claims, including whether the polygraph results were improperly admitted and whether the trial court made adequate findings of fact as required by Florida Rule of Criminal Procedure 3.840(f).
[1] A facially sufficient claim of error that cannot be refuted by the record mandates vacation of a judgment of contempt in the absence of a transcript of the final hearing.
[2] Polygraph exam results are not admissible in court absent stipulation of the parties.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While automatic reversal because of a lack of record may not be required in every instance, facially sufficient claims on plenary appeal from an adjudication of contempt ... which cannot be refuted by the record will invariably mandate vacation of the judgments.”
Establishes the legal standard for reversal when a contempt proceeding lacks a transcript and the appellant presents a facially sufficient claim of error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAt an August 24, 1999 hearing, Elisa Hunter testified that Schmidt tailgated and harassed her while driving. Schmidt denied the incident occurred. Hun…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Admissibility Of Polygraph Evidence cases and more on FLexlaw
FULMER, Acting Chief Judge.
Rudolf Schmidt appeals from an order holding him in contempt of court and sentencing him to fifteen days in jail,1 based on the trial court’s determination that Schmidt violated the terms of a domestic violence injunction. We reverse the adjudication of contempt because the final hearing was not reported and Schmidt has presented a facially sufficient claim of error that cannot be refuted by the record.
At an August 24, 1999, hearing on the violation of the injunction, the alleged victim, Elisa Hunter, testified to an incident where Schmidt had tailgated and harassed her while she was driving her car. Schmidt testified that the incident never happened. Hunter volunteered to take a polygraph exam and the trial judge continued the hearing so that arrangements could be made for Hunter to be administered a polygraph exam. The results of the polygraph exam were submitted to the court from the Collier County Sheriffs Office, and on September 27, 1999, the contempt hearing resumed, but was not reported.
On appeal, Schmidt argues that the evidence was insufficient to sustain a finding of contempt and that the trial court abused its discretion in relying on the polygraph result. First, we reject Schmidt’s claim that the evidence was insufficient. Hunter’s testimony was sufficient proof of the allegations to justify the trial court’s finding of guilt. As to the admissibility of the polygraph results, however, Schmidt is correct that absent stipulation of the parties, polygraph exam results are not admissible. See Davis v. State, 520 So. 2d 572 (Fla.1988). Schmidt did not object when Hunter volunteered to take the polygraph exam, but because the record does not contain a transcript of the proceedings of September 27, 1999, we are unable to review whether the exam result was properly admitted and to what extent the trial court relied on it.
In Blalock v. Rice, 707 So. 2d 738, 739 (Fla. 2d DCA 1997), this court addressed a situation where there was no transcript of a criminal contempt proceeding, and stated: “While automatic reversal because of a lack of record may not be required in every instance, facially sufficient claims on plenary appeal from an adjudication of contempt ... which cannot be refuted by the record will invariably mandate vacation of the judgments.” Schmidt has presented a facially sufficient claim regarding the admissibility of the polygraph exam result, which cannot be refuted by the record. The absence of a transcript mandates that we vacate the judgment.
We also note that without a transcript, we are unable to ascertain whether the trial court made oral findings of fact setting forth the basis for the contempt. Because the written contempt order recites no findings, we would be compelled to reverse in any case for a violation of Florida Rule of Criminal Procedure 3.840(f), which requires the judge to include in the judgment of guilt a recital of facts constituting the contempt, unless sufficient oral findings are made on the record. See Gidden v. State, 613 So. 2d 457 (Fla.1993).
Reversed and remanded.
NORTHCUTT and SILBERMAN, JJ., Concur. . The court's order provides that Schmidt shall serve fifteen days in jail and that "ten days of the sentence shall be suspended upon [Schmidt] not being found in contempt of court for any future violations.” Schmidt was given a bond pending appeal. Given our disposition, we do not address whether the sentence was proper.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johann Haeussler v. State, 100 So. 3d 732 (Fla. 2d DCA 2012)…d. Gidden v. State, 613 So. 2d 457, 460 (Fla.1993). When an appellant presents a facially sufficient claim of error as to contempt proceedings and the absence of a transcript precludes appellate review, reversal is required. See Schmidt v. Hunter, 788 So. 2d 322, 323 (Fla. 2d DCA 2001). However, “automatic reversal because of a lack of record may not be required in every instance.” Blalock v. Rice, 707 So. 2d 738, 740 (Fla. 2d DCA 1997). Rather, the lack of a record in a contempt proceeding will require rev…
Authorities Cited
- Gidden v. State, 613 So. 2d 457 (Fla. 1993)
- Davis v. State, 520 So. 2d 572 (Fla. 1988)
- Blalock v. Rice, 707 So. 2d 738 (Fla. 2d DCA 1997)