ROBERT APFELBAUM, APPELLANT,
v.
LORD & LADY ORIGINALS, INC., ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Apfelbaum appeals a contempt of court order and 15-day custody sanction imposed after he allegedly violated court orders. The court reverses and remands, finding that due process was violated because newly retained counsel had inadequate time to prepare a defense and the appellant suffered from serious illness.
The contempt order is reversed because due process requires that a respondent be apprised of the nature of the contempt and be given an adequate opportunity to be heard and to prepare a defense, which was denied here.
[1] Due process in a contempt proceeding requires that the respondent be apprised of the nature of the contempt and be given an adequate opportunity to be heard and prepare a…
[2] A party is denied due process when counsel is permitted to withdraw shortly after an order to show cause is issued, and newly retained counsel has inadequate time to prep…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In a contempt proceeding due process requires that the respondent be apprised of the nature of his contempt and be given an adequate opportunity to be heard and to prepare his defense.”
Establishes the fundamental due process standard required in contempt proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLord and Lady Originals, Inc. sued Stuff, Inc. and its chief executive officer, Robert L. Apfelbaum. On October 29, 1974, the trial judge issued an or…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Opportunity To Be Heard cases and more on FLexlaw
PER CURIAM.
Defendant-appellant seeks review of an order holding him in contempt of court and directing the sheriff to hold him in custody for 15 days.
The instant appeal arises out of a suit filed by the plaintiff, Lord and Lady Originals, Inc., against Stuff, Inc. and its chief executive officer, Robert L. Apfelbaum, appellant here.in.
On October 29, 1974, after a hearing on plaintiff’s petition, the trial judge issued an order to show cause why Stuff, Inc. and the appellant should not be held ' in contempt for failure to obey the various orders issued by the court. A hearing thereon was scheduled for November 4. On the following day, October 30, counsel for Stuff, Inc. and the appellant was permitted to withdraw. Thereafter, on November 1, newly retained counsel for Stuff, Inc. and the appellant filed a motion to dismiss the order to show cause and as grounds alleged, inter alia, an insufficient time to prepare a defense and the illness of the appellant who recently had been released from the hospital. The motion was denied. The trial judge then entered the contempt order against Stuff, Inc. and the appellant who seeks review thereof. We reverse.
In a contempt proceeding due process requires that the respondent be apprised of the nature of his contempt and be given an adequate opportunity to be heard and to prepare his defense. See State v. Buchanan, Fla.App.1964, 168 So. 2d 783; Strauser v. Strauser, Fla.App.1974, 303 So. 2d 663.
In the case before us, we conclude that appellant in effect has been denied due process in that counsel for appellant was permitted to withdraw the day after the trial judge issued his order to show cause, and newly retained counsel had inadequate time to prepare a defense on behalf of the appellant who was suffering from a heart ailment during this time. Cf. Reynolds v. Reynolds, Fla.App.1966, 187 So. 2d 373. Furthermore, these circumstances were brought to the attention of the trial judge in defense counsel’s motion to dismiss.
The ends of justice being served best by affording the appellant a rehearing on the petition for contempt with adequate notice being-given prior thereto, we hereby reverse the order of contempt and remand the cause for further hearing consistent herewith.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strauser v. Strauser, 303 So. 2d 663 (Fla. 4th DCA 1974)
- State of Fla. ex rel. Salvatore C. Pipia v. Buchanan, 168 So. 2d 783 (Fla. 3d DCA 1964)
- Solomon v. The City OF Miami Beach, 187 So. 2d 373 (Fla. 3d DCA 1966)