DR. JACK D. ARON, PETITIONER,
v.
HONORABLE ARTHUR HUTTOE, JUDGE, CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, RESPONDENT
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This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 258 So.2d 272. The District Court has certified its decision as one passing on a question of great public interest, to-wit:
“Whether a person who fails to appear at trial after having been properly subpoenaed may be brought into court during the -trial and summarily held in contempt after failing to prove an adequate excuse.”
After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly decided the cause and its decision is adopted as the ruling of this Court.
Accordingly, certiorari is discharged.
It is so ordered.
ROBERTS, C. J., ADKINS, BOYD and DEKLE, JJ., and SMITH (HAROLD S.), Circuit Judge, concur.
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Thomas v. State, 326 So. 2d 413 (Fla. 1975)…idered his conduct “natural”. For these reasons, I would hold that Section 800.02 is invalid on its face.9 ALDERMAN, JAMES E., Circuit Judge, concurs. . Prior to Witherspoon, Section 800.02 was impliedly upheld in Franklin and in Parisi v. State, 265 So. 2d 699 (Fla.1972). . 257 So. 2d at 22. . 257 So. 2d at 24. Violations of Section 800.01 constituted a second degree felony, whereas violations of Section 800.02 consti-titute a second degree misdemeanor. .In Franklin, the Court noted that society’s view…1 / 2
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Telisia Shaonte Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001)…egarding this.3 Also, immediate punishment was not necessary to prevent demoralization of the court’s authority. Ms. Kelley was punished some six months after her allegedly contumacious act. We could end our discussion here, but for Aron v. Huttoe, 265 So. 2d 699 (Fla.1972). In Aron, the supreme court accepted review to determine “[w]hether a person who fails to appear at trial after having been properly subpoenaed may be brought into court during the trial and summarily held in contempt after failing to pro…1 / 2
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Sandstrom v. State, 390 So. 2d 448 (Fla. 4th DCA 1980)…1976). Appellant’s next assertion that his failure to appear in court on the day and time ordered could not be the basis for a direct contempt, but only an indirect contempt, is erroneous. Aron v. Huttoe, 258 So. 2d 272 (Fla.3d DCA 1972), adopted 265 So. 2d 699 (Fla.1972); see James v. State, 385 So. 2d 1145 (Fla.3d DCA 1980). Finally, in open court the trial court orally sentenced appellant to twenty-four hours in jail in addition to a fine of $2,000. When reduced to a writing the order recited jail tim…
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- Aron v. The Honorable Arthur Huttoe, 258 So. 2d 272 (Fla. 3d DCA 1972)