MARK DANIEL, PETITIONER,
v.
ANGELA GARRISON AND JOHN GARRISON AND GIANNA SHEINHEIT AND PRUDENTIAL SECURITIES, INC., RESPONDENTS
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Florida appellate court granted habeas corpus relief to petitioner jailed for civil contempt after he refused to answer questions in a garnishment proceeding, holding that the court lacked basis for contempt where petitioner was not a party, not subpoenaed, and denied due process.
A court lacks authority to hold a non-party witness in civil contempt for refusing to answer questions when the witness was not subpoenaed, voluntarily appeared, was not violating a prior court order, and was denied notice and opportunity to be represented by counsel.
[1] A non-party witness who is not subpoenaed and voluntarily appears at a hearing cannot be held in civil contempt for refusing to answer questions without prior notice, opp…
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Join FLexlaw to unlock all legal intelligence“[W]ithout prior notice and without the benefit of subpoena [petitioner] was called to the stand and immediately required to answer [questions], under pain of contempt[.]”
Court cited Times Publishing Co. v. Burke to illustrate the due process deficiency in the procedure used against petitioner.
Petitioner was jailed pursuant to a civil contempt order after refusing to answer questions posed to him during a garnishment proceeding to execute on…
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PER CURIAM.
By way of a petition for writ of prohibition, the petitioner seeks his release from jail pursuant to a civil contempt order. The court entered the order after petitioner refused to answer questions posed to him in court in a garnishment proceeding to execute on a judgment.1 We treat the petition as a petition for writ of habeas corpus and grant same.2 Whereas here the petitioner was not a party to the proceedings below, had not been subpoenaed to testify, but voluntarily appeared at the hearing, and was not violating any previous court order, there was no basis for the court’s civil contempt finding. See Anderson Inv. Co. v. Lynch, 540 So. 2d 832 (Fla. 4th DCA 1988); Allman v. Johnson, 488 So. 2d 884 (Fla. 5th DCA 1986). “[Wjithout prior notice and without the benefit of subpoena [petitioner] was called to the stand and immediately required to answer [questions], under pain of contempt[.]” Times Publ’g Co. v. Burke, 375 So. 2d 297, 299 (Fla. 2d DCA 1979). Petitioner was not even represented by counsel at the time. Times Publ’g Co. This procedure was lacking in due process. Id.
Habeas corpus granted.
. We deny that portion of the petition that seeks to quash the order denying petitioner's motion to recuse the trial judge.
. The petitioner has been released pursuant to this Court's previous order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buck v. Josee Chin, 19 So. 3d 1132 (Fla. 3d DCA 2009)…om the essential requirements of law for which there is no adequate remedy on appeal, and quash the order under review. Setting aside the interesting question whether the order infringes upon Dr. Wender’s due process rights, see Daniel v. Garrison, 894 So. 2d 308, 308 (Fla. 3d DCA 2005) (finding “without prior notice and without the benefit of subpoena,” the lower court violated petitioner’s due process rights) (quoting Times Publ’g Co. v. Burke, 375 So. 2d 297, 299 (Fla. 2d DCA 1979)), it is clear that the…
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Symons v. Symons, 7 So. 3d 546 (Fla. 3d DCA 2008)…improperly files a petition for writ of prohibition, an appellate court may treat the petition as a petition for writ of certiorari as long as the petition was filed within thirty days of rendition of the order under review. See Daniel v. Garrison, 894 So. 2d 308 (Fla. 3d DCA 2005); N. Shore Med. Ctr. v. Capua, 634 So. 2d 1141 (Fla. 3d DCA 1994); Maliska v. Broome, 609 So. 2d 711 (Fla. 4th DCA 1992). Because the order under review was entered on August 21, 2008, and the petition was filed on August 28, 2008,…
Authorities Cited
- Times Publ'g Co. & Jane Baumann v. The Honorable Charles W. Burke, 375 So. 2d 297 (Fla. 2d DCA 1979)
- Allman v. Johnson, 488 So. 2d 884 (Fla. 5th DCA 1986)
- Int'l Bankers INS. v. Arnone, 540 So. 2d 832 (Fla. 4th DCA 1988)
- Anderson Invs. Co. Ltd. v. The Honorable Thomas M. Lynch, 540 So. 2d 832 (Fla. 4th DCA 1988)