EDWARD EUGENE CARTER, PETITIONER,
v.
TULLIS EASTERLING, AS SHERIFF OF BAY COUNTY, FLORIDA, AND WILLIAM G. GUY, AS SHERIFF OF CALHOUN COUNTY, FLORIDA, RESPONDENTS
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The court held that the order of incarceration for contempt was insufficient because it was unclear whether it was for civil or criminal contempt, and if civil, it lacked a purge provision.
Petitioner sought release from incarceration for contempt in a domestic relations matter. The facts were similar to Pugliese v. Pugliese, making it di…
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PER CURIAM.
Petitioner filed a petition for writ of ha-beas corpus seeking release from incarceration ordered by a circuit judge for contempt. The case arises out of a domestic relations matter. Petitioner’s former wife, Frances N. Carter, was allowed to file a brief and appear amicus curiae.
We have considered the record and heard oral argument of counsel. The facts are very similar to those recited by the Supreme Court of Florida in Pugliese v. Pug- liese, 347 So. 2d 422, (Fla.1977). Here, as there, it is difficult if not impossible to determine whether petitioner was incarcerated for civil contempt or criminal contempt. If a civil proceeding, the order of incarceration is insufficient in that it made no provision for petitioner to purge himself of contempt. If the proceeding was in the nature of criminal contempt then the record reveals a failure to comply with the applicable rules and principles announced in Pugliese v. Pugliese, supra.
Accordingly, the petition for writ of ha-beas corpus is granted. Petitioner shall be discharged under the order of incarceration hereinabove mentioned.
The action here taken is, however, without prejudice to further proceedings under the guidelines of Pugliese v. Pugliese, supra, and authorities therein cited.
IT IS SO ORDERED.
MeCORD, C. J., and BOYER and MELVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Durant v. The Honorable Eddie Boone, 509 So. 2d 1275 (Fla. 1st DCA 1987)…ule 3.830 is mandated to ensure compliance with constitutional due process requirements. Id.; Pugliese v. Pugliese, 347 So. 2d 422 (Fla.1977). When the procedures of the rule are not complied with, habeas corpus is appropriate. Carter v. Easterling, 362 So. 2d 356 (Fla. 1st DCA 1978). Because the procedural requirements of Rule 3.830 were not followed, petitioner was being detained pursuant to an unlawful order, and was entitled to the issuance of the writ of habeas corpus, requiring her immediate release fr…
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Contella v. Contella, 557 So. 2d 880 (Fla. 5th DCA 1990)…; Allman v. Johnson, 488 So. 2d 884 (Fla. 5th DCA 1986); Hawkins v. Hawkins, 430 So. 2d 1002 (Fla. 4th DCA 1983); Carter v. State, 409 So. 2d 127 (Fla. 5th DCA 1982); Damkohler v. Damkohler, 336 So. 2d 1243 (Fla. 4th DCA 1976); Carter v. Easterling, 362 So. 2d 356 (Fla. 1st DCA 1978); State ex rel. Pipia v. Buchanan, 168 So. 2d 783 (Fla. 3d DCA 1964); Wallens v. Buchanan, 168 So. 2d 687 (Fla. 3d DCA 1964). .Bowen says this latter situation is criminal contempt, receding from Faircloth v. Faircloth, 339 So. 2…
Authorities Cited
- Rocco Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977)