BRET MAYO
v.
KERRY MAYO O/ B/ O NATALIE GRACYN MAYO AND MADELINE OLIVIA MAYO

Fla. 2d DCA | 2018-12-07
No. 17-3142
Elaine D. Kaplan
Florida District Court of Appeal, Second District (2018)

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Holding

The circuit court's order finding Bret Mayo in indirect criminal contempt for violating the terms of an injunction was reversed.


Headnotes

[1] A deficiency in initiating a contempt proceeding, such as failure to file a contempt petition in the proper circuit court case, cannot serve as a basis for reversal on ap…

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Facts & Procedural History

Bret Mayo was found in indirect criminal contempt for violating the terms of an injunction in circuit court cases involving family law matters. The ci…

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Opinion of the Court

BLACK, Judge.

Bret Mayo appeals the order entered in circuit court Case No. 17-DR-179 finding him in indirect criminal contempt for violating the terms of an injunction. For the reasons expressed in this court's decision in Mayo v. Mayo, No. 2D17-3140 (Fla. 2d DCA Dec. 7, 2018), we reverse.1 Reversed.

CASANUEVA and BADALAMENTI, JJ., Concur. 1It is noted that Kerry Mayo, the petitioner, did not initiate a contempt proceeding in circuit court Case No. 17-DR-179. Rather, Ms. Mayo only filed a petition in the related circuit court case, Case No. 17-DR-180. Nonetheless, the court ordered Mayo to show cause why he should not be held in contempt for violating the injunctions entered in Case No. 17-DR-179 and Case No. 17-DR-180. The court and the parties proceeded with the evidentiary hearing as to both circuit court cases, and following the hearing the court entered contempt orders in both circuit court cases. Because this deficiency was not raised by Mayo on appeal, it cannot serve as a basis for this court's reversal.


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