G.G.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed a child's adjudication for direct criminal contempt of court for failure to appear at a docket call because the state presented no evidence that the failure was willful, which is required for such contempt.
Direct criminal contempt for failure to appear requires proof that the failure was willful, and absent such evidence, the contempt adjudication must be reversed.
[1] Direct criminal contempt for failure to appear requires proof that the failure was willful.
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Join FLexlaw to unlock all legal intelligenceG.G.J., a child, was adjudicated in direct criminal contempt of court for failing to appear at a docket call.…
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We reverse G.G.J.’s adjudication for direct criminal contempt of court for failure to appear at a docket call. An appellate court reviews an order of direct criminal contempt under an abuse of discretion standard. Haynes v. State, 944 So.2d 417, 420 n. 3 (Fla. 5th DCA 2006) (citation omitted). An order of direct criminal contempt for failure to appear requires a showing that the failure to appear was willful. Carter v. State, 954 So.2d 1185, 1186 (Fla. 4th DCA 2007). The state presented no evidence that G.G.J. willfully failed to appear. Therefore, the circuit court abused its discretion in holding G.G.J. in direct criminal contempt.1
Reversed.
TAYLOR and LEVINE, JJ., concur.
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Golant v. State, 202 So. 3d 946 (Fla. 4th DCA 2016)…third hearing convened, the court asked Mr. Golant to show cause, but he declined. The court reaffirmed its order of contempt. “An appellate court reviews an order of direct criminal contempt under an abuse of discretion standard.” G.G.J. v. State, 28 So. 3d 239, 240 (Fla. 4th DCA 2010). Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt proceedings and provides as follows in pertinent part: A criminal contempt may be punished summarily if the court saw or heard the conduct constitut…
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J.D.J. v. State, 120 So. 3d 229 (Fla. 4th DCA 2013)…rom being late to court and the other five for violation of home detention.3 Analysis Willfulness It is an abuse of discretion for the trial court to find a juvenile in direct criminal contempt absent evidence of willful conduct. G.G.J. v. State, 28 So. 3d 239 (Fla. 4th DCA 2010). The conduct must also demonstrate “the accused intended to hinder or obstruct the administration of justice.” Carter v. State, 954 So. 2d 1185, 1186 (Fla. 4th DCA 2007). In Carter, we explained that where the unrebutted evidence…1 / 2
Authorities Cited
- Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)
- 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)
- Parisi v. State, 265 So. 2d 699 (Fla. 1972)
- Aron v. Honorable Arthur Huttoe, 265 So. 2d 699 (Fla. 1972)
- Malissa Fiore v. Athineos, 9 So. 3d 1291 (Fla. 4th DCA 2009)
- Carter v. State, 954 So. 2d 1185 (Fla. 4th DCA 2007)
- Jarvis Ramon Haynes v. State, 944 So. 2d 417 (Fla. 5th DCA 2006)