Florida/Georgia Personal Injury & Workers Compensation

...Broward County, 769 So.2d 359 (Fla.2000); see also Levin, Middlebrooks, 639 So.2d at 609 ("[A] trial court would have the ability to use its contempt powers to vindicate its authority and protect its integrity by imposing a compensatory fine as punishment for contempt."); § 38.23, Fla....

...ot exceed twenty dollars fine, or twenty-four hours' imprisonment." Admitting the basic authority of the trial judge to exercise the power in an appropriate case, we come next to seek an understanding of what will constitute contemptuous conduct. By Section 38.23, Florida Statutes, F.S.A., contempt of court is defined as follows: "A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof, shall be considered a contempt, and punished accordingly....

...Not available to us from the language of those opinions is the full content of the foreign judgments sued upon. Insofar as the employment of the contempt powers are concerned, I deem it important to view the language of such judgments. In determining the applicability of contempt one must first review its definition. Section 38.23, Florida Statutes (1987), defines contempt as [a] refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof, shall be considered a contempt, and punished accordingly....

...h past amounts and the current support. Such an abandonment would only result in contempt charges filed against the obligor which could affect his or her credit report, result in additional financial hardship, or cause a return to incarceration. See § 38.23; § 61.14(6)(b)(1)d, (6)(d), Fla....

pertinent here and are as follows: *Page 236 "Section 38.23. A refusal to obey any legal order, mandate

that the contempt order is invalid and void. Section 38.23, F.S.A., defines contempt viz.: "A refusal to

...herent power or is subject, at least in part, to legislative grant. The adoption of the rule also will leave unaffected the numerous Florida statutes concerned with various situations considered by the legislature to be punishable as contempt (e.g., section 38.23, Florida Statutes), since these statutes deal with substantive rather than procedural law....

...a misdemeanor. We cannot agree with petitioner. He was guilty of civil contempt of the circuit court which is a "disobedience to the Court" and such circuit court had the authority to administer appropriate punishment for his conduct. See § 38.22, § 38.23, Florida Statutes, F.S.A.; and also South Dade Farms, Inc....

...Chaykin, M.D., P.A. v. Turnoff & Fox, M.D., P.A., 413 So.2d 133 (Fla. 3d DCA 1982) (holding contempt order is void because it did not contain findings that the alleged contemnors had the present ability to comply with the underlying order); see also § 38.23, Florida Statutes (2001) ("A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof, shall be considered a con...

...nces of the alimony payments the court has the discretion to provide that "the payor [former husband] will not deduct the alimony payments so that the payee [former wife] may then exclude the payments from gross income." Brenda M. Abrams, Family Law § 38.23(2)(d) (1999), citing Temp....

...ith an injunction where he is charged with indirect criminal contempt for violating its provisions. Both parties and the lower court correctly agreed that notice of an injunction is an essential element of the charge of violating its provisions. See § 38.23, Fla.Stat....

...Court: Any objection? Defense Counsel: No objection. Court: Alright, I just want him to be sentenced to time served on that failure to appear. The trial court then included the following on the judgment sheet: "Contempt of court—Failure to Appear, statute 38.23." [1] Appellant was sentenced to time served of 170 days....

...Accordingly, we reverse the judgment of contempt for failure to appear and remand for proceedings as provided in rule 3.830. We affirm his conviction and sentence for possession of cocaine. Affirmed in part, reversed in part. STONE, KLEIN and HAZOURI, JJ., concur. NOTES [1] Section 38.23, Florida Statutes (1997), defines contempts as: A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof, shall be considered a contempt, and punished accordingly....

...Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla....

...nces of the alimony payments the court has the discretion to provide that "the payor [former husband] will not deduct the alimony payments so that the payee [former wife] may then exclude the payments from gross income." Brenda M. Abrams, Family Law § 38.23(2)(d) (1999), citing Temp....

...a single act." Id. at 162. Therefore, whenever a criminal defendant is potentially subjected to multiple convictions for a single act, which is precisely the situation in the instant case, Blockburger applies. Neither the statute defining contempt, section 38.23, Florida Statutes (1989), nor the section setting forth the permissible punishment for violation of probation, section 948.06, Florida Statutes (1989), gives any indication as to whether the legislature intended punishment for both when the two charges are premised upon the same act....

...There must be proof beyond a reasonable doubt that (1) the contemnor had notice of the order, (2) the order was directed at the contemnor, and (3) the contemnor unequivocally and intentionally disobeyed the order or acted in gross dereliction of the order- to such an extent that intent can be presumed, § 38.23, Fla....

...to be in contempt, and sentenced him to 30 days in detention, suspending all but six days of the sentence. Without question, the power to punish contempts is inherent in the courts. State ex rel. Franks v. Clark, 46 So.2d 488, 489 (Fla.1950). In regard to violation of a court order being the basis for contempt, section 38.23, Florida Statutes (1991), provides: A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court, after due notice thereof, shall be considered a contempt, and punished accordingly. The state has argued that the juvenile arraignment citation issued to M.L.B. constitutes a court order for purposes of section 38.23, and accordingly the trial judge had full authority to punish the child for not appearing in court....

...1984 Revision: Extensive editorial changes. Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ¾⅛⅛ 38.22 — 38,23, Fla.Stat. Contempt-Power to punish contempts. § 38.23, Fla.Stat....

to such an extent that intent can be presumed. § 38.23, Fla. Stat.

....” Otherwise, a writ of attachment for her arrest and incarceration will be issued “upon sworn application as to her defalcations and without further notice to the plaintiff.” Aside from any consideration that the above order may not be in compliance with Section 38.23, Florida Statutes (1975), providing that a refusal to obey any legal order “after due notice thereof, shall be considered a contempt ....

...Appellant contends, among other things not raised before the trial court and not considered by us, that Florida Rules of Civil Procedure do not provide for such a sanction as imposed here for its failure to post the additional bond. The civil rules are not, however, the sole source of sanctions authority. Section 38.23, Florida Statutes (1983), permits sanctions such as were imposed here where a party has been found to be in willful contempt of court....

...This power has long been recognized as a part and parcel of our judicial system with the reason for it being very obvious. Conceding the basic authority of the trial judge to exercise the power in an appropriate case, we must seek to examine what will constitute contemptuous conduct. By Section 38.23, Florida Statutes Annotated, contempt of court is defined as follows : “A refusal to obey any legal order, mandate or decree, made or given by any judge either in term time or in vacation relative to any of the business of said court,...

...Committee notes revised and expanded. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish con-tempts. § 38.23, Fla....

upon the definition of contempt contained in Section 38.-23, Florida Statutes: A refusal to obey any legal

...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References § 38.22, Fla. Stat. Power to punish contempts. § 38.23, Fla....

susceptible of a contempt adjudication, as defined in § 38.-23, Florida Statutes, upon a “refusal to obey” the

...not complied with. We therefore strike the *16 phrase “on an ex parte basis” from page 4, paragraph 2, of the order of contempt dated October 14, 1992. In our view the order of contempt is otherwise entirely correct and abundantly justified. See § 38.23, Pla.Stat....

...3rd DCA 1982) (execution of search warrant valid notwithstanding the officers did not have search warrant in possession upon entering the premises). Furthermore, whether or not appellant’s conduct was reasonable, or in accord with or contrary to customary practices of HRS intake officers, is not the issue. Section 38.23, Florida Statutes (1981), defines contempt as “[a] refusal to obey any legal order,” made by the judge in connection with the business of the court....

instructions to attend the motion hearing. See § 38.23, Fla.Stat. (1991). The trial judge had consolidated

...urt, after due notice thereof, shall be considered a contempt, and punished accordingly. But nothing said or written, or published, in vacation, to or of any judge, or of any decision made by a judge, shall in any case be construed to be a contempt. § 38.23, Fla....