KELSON DEANZEL MCKINNEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-05-03
No. 76-1466
Before PEARSON, HAVERFIELD and HUBBART, JJ.
345 So. 2d 398 Florida District Court of Appeal, Third District (1977) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See; State v. Dwyer, 317 So. 2d 149 (Fla. 2d DCA 1975); Smith v. State, 292 So. 2d 69 (Fla. 3d DCA 1974).


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  • …quiring them to make discovery, is void for the failure of the order to contain findings that the alleged contemnors had the present ability to comply with the underlying discovery orders. Garo v. Garo, 347 So. 2d 418 (Fla.1977); Epstein v. Epstein, 345 So. 2d 398 (Fla.3d DCA 1977). Reversed.…
  • …ng them to make discovery, is void for the failure of the order to contain findings that the alleged contemnors had the present ability to comply with the underlying discovery orders. Garo v. Garo, 347 So. 2d 418, 419 (Fla.1977); Epstein v. Epstein, 345 So. 2d 398 (Fla. 3d DCA 1977). Reversed. We recognize that our opinion of affirmance conflicts with the holding in Grapin & Chaykin v. Turnoff & Fox, supra, therefore, rehearing is granted and our opinion in this case is vacated. Upon rehearing we hold that…

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