MANUEL S. CONDE, APPELLANT,
v.
FULL HOUSE, INC., SDRJJ CORPORATION, FLORIDA CORPORATIONS, OBERT V. EMANUEL, TOBY EMANUEL, AND JOEL N. LEE, APPELLEES
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The court found substantial competent evidence supported the contempt order and dismissed the appeal from the other interlocutory order.
Appellant challenged two interlocutory orders: one discharging a bond for an emergency injunction, and another holding him in contempt for failing to …
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Appellant, Manuel S. Conde, challenges the propriety of two interlocutory orders entered by the court below.
The first order discharged appellee and its surety from their obligations under a bond which had been posted in order to obtain an “emergency injunction without notice” against the appellant. The trial judge found that the emergency injunction without notice had been entered properly.
Subsequently, the appellant was adjudged in contempt of court for failure to comply with a prior order of the trial court. The contempt order permitted appellant to purge himself of the contempt order by compliance with its terms, within thirty days, by the delivery of certain personal property to the appellees.
We find that there is substantial competent evidence in the record to support the finding and adjudication holding appellant in contempt of court.
The appeal from the other interlocutory order is dismissed, sua sponte. See Morris v. Rabara, Fla.App.1962, 145 So.2d 265; Bronk v. Bronk, 46 Fla. 474, 35 So. 870 (1903).
It is so ordered.
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Ganem v. Herlinda Ganem de Issa, 269 So. 2d 740 (Fla. 3d DCA 1972)…at this court could dismiss defendant’s appeal because of the outstanding and unpurged contempt of court orders and other misconduct in the trial court, see: Morris v. Rabara, Fla.App.1962, 145 So. 2d 265 and Conde v. Full House, Inc., Fla.App.1968, 206 So. 2d 22. We express the view, based on the foregoing authorities, that the failure to afford defendant a more complete opportunity to contest damages (than was furnished when defense counsel attended and participated in the deposition of Richard Welden, Es…
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Little Beaver Theatre, Inc. v. State of Fla. ex rel. Richard E. Gerstein, 259 So. 2d 217 (Fla. 3d DCA 1972)…sufficient to meet the requirements of proof as to either civil or criminal contempt. Vernell v. State ex rel. Gerstein, Fla.App.1968, 212 So. 2d 11, cert. den. 1969, 396 U.S. 849, 90 S.Ct. 76, 24 L.Ed.2d 98; Conde v. Full House, Inc., Fla.App.1968, 206 So. 2d 22. We reproduce part of the complaint, restraining order and testimony in a footnote.1 In his final point appellant challenges the constitutionality of § 847.011, Fla.Stat., F.S.A. The statute has been held constitutional by the Florida Supreme Court…
Authorities Cited
- Morris v. Rabara, 145 So. 2d 265 (Fla. 2d DCA 1962)
- Bronk v. Bronk, 46 Fla. 474 (Fla. 1903)