Clayton v. State, 636 So. 2d 596 (Fla. 1st DCA 1994). · Go Syfert
Clayton v. State, 636 So. 2d 596 (Fla. 1st DCA 1994). Cases Citing This Book View Copy Cite
“if no order has been violated, contempt can only be found if the conduct is calculated to embarrass, hinder, or obstruct the court in the administration of justice or calculated to lessen the court's authority and dignity.”
15 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Alan v. State (fladistctapp, 2010-05-26)
Top citers, strongest first. 10 distinct citers.
examined Cited as authority (verbatim quote) Alan v. State
Fla. Dist. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
if no order has been violated, contempt can only be found if the conduct is calculated to embarrass, hinder, or obstruct the court in the administration of justice or calculated to lessen the court's authority and dignity.
discussed Cited as authority (rule) ANITA TALLO v. PETER ILLES
Fla. Dist. Ct. App. · 2022 · confidence medium
Weekly D2519 (Fla. 3d DCA Nov. 24, 2021); Hudson v. Marin, 259 So. 3d 148, 166 (Fla. 3d DCA 2018); Aurora Bank v. Cimbler, 166 So. 3d 921 , 927 n.5 (Fla. 3d DCA 2015); Eubanks v. Agner, 636 So. 2d 596, 597 (Fla. 1st DCA 1994); see also Tsokos v. Sunset Cove Invs., Inc., 936 So. 2d 667, 668 (Fla. 2d DCA 2006).
discussed Cited as authority (rule) THE BANK OF NEW YORK MELLON, etc. v. JULIE NICOLAS
Fla. Dist. Ct. App. · 2021 · confidence medium
These rare cases involve situations “when a party is about to be cited for contempt on the basis of acts which could not constitute contempt of court.” Tsokos v. Sunset Cove Invs., Inc., 936 So. 2d 667 , 667–68 (Fla. 2d DCA 2006); see, e.g., Aurora Bank v. Cimbler, 166 So. 3d 921 , 927 n.5 (Fla. 3d DCA 2015) (issuing writ to prohibit proceedings seeking sanctions because “[r]efusing to comply with a nonparty mediator’s discovery requests directed at privileged information is not contemptuous conduct”); Eubanks v. Agner, 636 So. 2d 596, 597 (Fla. 1st DCA 1994) (“[P]rohibition will…
discussed Cited as authority (rule) Hudson v. Marin (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2018 · confidence medium
See Aurora Bank v. Cimbler, 166 So. 3d 921 , 927 n.5 (Fla. 3d DCA 2015) (concluding that prohibition would lie to prevent the trial court from going forward on a hearing for civil contempt sanctions for violation of a discovery order because, in part, “[r]efusing to comply with a non-party mediator’s discovery requests directed at privileged information is not contemptuous conduct”); Tsokos v. Sunset Cove Invs., Inc., 936 So. 2d 667, 667-68 (Fla. 2d DCA 2006) (granting a writ of prohibition and quashing an order to show cause “why [the petitioners] should not be held in indirect crimin…
discussed Cited as authority (rule) Aurora Bank v. Cimbler & Fl Mediation
Fla. Dist. Ct. App. · 2015 · confidence medium
Moreover, “prohibition will lie 'when a party is about to be cited for contempt on the basis of acts which could not constitute contempt of court.’ ” Eubanks v. Agner, 636 So.2d 596, 597 (Fla. 1st DCA 1994) (quoting State ex rel.
discussed Cited as authority (rule) Aurora Bank v. Cimbler & Fl Mediation
Fla. Dist. Ct. App. · 2015 · confidence medium
We also grant the Bank’s petition for writ of prohibition and prohibit the trial court from any further exercise of jurisdiction over this matter. 5 Moreover, “prohibition will lie ‘when a party is about to be cited for contempt on the basis of acts which could not constitute contempt of court.’” Eubanks v. Agner, 636 So. 2d 596, 597 (Fla. 1st DCA 1994) (quoting State ex rel.
discussed Cited as authority (rule) Robert Michael Ardis v. Sarah Harper Ardis
Fla. Dist. Ct. App. · 2015 · confidence medium
Indirect criminal contempt may be found for violation of a court order, but only if the order “clearly and definitely advise[s] the person of its command and direction.” Young v. State, — So.3d -, 2015 WL 1810408 , at *1 (Fla. 1st DCA 2015) (quoting Eubanks v. Agner, 636 So.2d 596, 598 (Fla. 1st DCA 1994)) (emphasis added).
cited Cited as authority (rule) Young v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
Eubanks v. Agner, 636 So.2d 596, 598 (Fla. 1st DCA 1994) (citing Justice v. State, 400 So.2d 1037, 1038 (Fla. 1st DCA 1981)).
cited Cited as authority (rule) Haeussler v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
Eubanks v. Agner, 636 So.2d 596, 598 (Fla. 1st DCA 1994).
cited Cited "see, e.g." Tsokos v. Sunset Cove Investments, Inc.
Fla. Dist. Ct. App. · 2006 · signal: see also · confidence medium
See also Eubanks v. Agner, 636 So.2d 596, 597 (Fla. 1st DCA 1994).
Thaddeus Orlando CLAYTON
v.
STATE of Florida
No. 93-3454.
District Court of Appeal of Florida, First District.
May 18, 1994.
636 So. 2d 596
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant., Robert A. Butterworth, Atty. Gen., and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for appellee.
Allen, Barfield, Wolf.
Cited by 1 opinion  |  Published
PER CURIAM.

Thaddeus Orlando Clayton appeals the imposition of adult sanctions in the absence of a written order addressing the statutory criteria as required by section 39.059(7)(c) & (d), Florida Statutes (1993). We reverse and remand for resentencing.

The appellant, who was a juvenile, pled no contest to attempted sexual battery. At the sentencing hearing, the trial judge stated: “Based on the recommendation from the Department of Health and Rehabilitative Services in conjunction with Chapter 39 and their recommendation that Mr. Clayton be sentenced as an adult and for the reasons therein, the court does hereby find that it’s in the best interest of the public and if (sic) any rehabilitative needs for the defendant to be sentenced as an adult.” The appellant was then sentenced as an adult to 30 months’ imprisonment. The record contains no written order on adult sanctions.

The state concedes that the trial judge erred in failing to make the mandatory written findings and conclusions as required by section 39.059(7)(d), Florida Statutes. Troutman v. State, 630 So.2d 528 (Fla.1993); Sirmons v. State, 620 So.2d 1249 (Fla.1993). Accordingly, we reverse and remand this ease to the trial court for resentencing in compliance with section 39.059(7)(c) & (d), Florida Statutes, and Troutman.

BARFIELD, ALLEN and WOLF, JJ., concur.