STATE, EX REL. CLAUDE T. BEARDEN,
v.
C. B. PEARSON, AS SHERIFF OF SARASOTA COUNTY
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The Florida Supreme Court discharged a petitioner held in contempt for failing to pay child support because the contempt order specified an indefinite jail sentence, which is legally impermissible.
No, a contempt judgment that imposes an indefinite jail sentence is legally invalid.
“The judgment is fatally defective because it condemns the petitioner to imprisonment for an indefinite and indeterminate period.”
Establishes the primary reason for the court's decision.
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Claude T. Bearden, was held in contempt of court for failing to comply with a court order to pay $8.50 per week in support, resulting …
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This is an original proceeding in habeas corpus.
*879The petitioner is held by the respondent under- a judgment in contempt, as follows:
“This cause coming on to be heard this 12th day of April, A. D. 1938, upon testimony of the complainant’s solicitor wherein the herein named defendant has failed to comply with the Court Order requiring the defendant ^to pay to the complainant the sum of $8.50 per week; and it appearing to the Court that the herein named defendant is now in the arrears in his weekly payment to the complainant in the sum of $45.00.
“It Is, Therefore, Ordered and Decreed that the said Claude T. Bearden shall be confined in the Sarasota County jail for a period of______days, or until the said Claude T. Bearden shall purge himself for contempt of the Court for his failure to comply with the Court Order entered in this cause.”
The judgment is fatally defective because it condemns the petitioner to imprisonment for an indefinite and indeterminate period. See State, ex rel. Trazevant, v. McLeod, 126 Fla. 229, 170 Sou. 735.
It is therefore ordered and adjudged that petitioner be discharged without prejudice to the Circuit Court to enter such other and further legal judgment as may be required to meet the requirements of the law.
So ordered.
Whitfield, Terrell, Brown and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State of Fla. ex rel. Marvin D. Byrd v. Howard "Andy" Anderson, 168 So. 2d 554 (Fla. 1st DCA 1964)…indeterminate period, or until he pays the past due alimony, or until the further order of the court, it is void for indefiniteness and uncertainty. See State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233; Ex parte Koons, 148 Fla. 625, 4 So. 2d 852.” The contempt judgment and sentence before us is deficient in another re [*556] spect — in failing to recognize and carry into effect the rule established in Florida that in a case of civil…
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Ex Parte: Ray F. Koons, 148 Fla. 625 (Fla. 1941)…We first consider the legality of the order in question. The law is well settled in this State that an order in contempt must be definite and certain. State, ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State, ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233. The order should be so full and complete that no further direction should be required by the executive officer to fully execute the same and also release the [*627] contemnor when the order is satisfied. The order is therefore ineffec…
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Avery v. DeWITT Sinclair, 153 Fla. 767 (Fla. 1943)…indeterminate period, or until he pays the past due alimony, or until the further order of the court, it is void for indefiniteness and uncertainty. See State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735; State ex rel. Bearden v. Pearson, 132 Fla. 878, 182 So. 233; Ex parte Koons, 148 Fla. 625, 4 So. (2nd) 852, It is therefore ordered and adjudged that petitioner be discharged without prejudice to the circuit court to enter such other or further legal judgment as may be required and shall be in…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. McLeod, 126 Fla. 229 (Fla. 1936)