CONTEMPT: INDIRECT CRIMINAL CONTEMPT: NONCOMPLIANCE WITH TRIAL SUBPOENA: DEFECTIVE ORDER TO SHOW CAUSE: FUNDAMENTAL ERROR: CRIMINAL CONTEMPT PROCEEDING INITIATED BY STATE, RATHER THAN TRIAL JUDGE, WITHOUT AFFIDAVIT OR VERIFIED PLEADING  

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Smith v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1683 (Fla. 2d DCA August 8, 2014)

The trial court, in a criminal case, held the complaining witness in criminal contempt of court for failing to comply with a trial subpoena.  Although the trial court did not identify the type of contempt committed, the appellate court explained that in … Click To Read Full Case Law Review...

CRIMINAL LAW: REVERSIBLE ERROR TO ALLOW PEREMPTORY CHALLENGE OF JUROR AFTER EVIDENCE HAS BEEN PRESENTED

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McNeil v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1016 (Fla. 5th DCA May 16, 2014)

During voir dire in a criminal case, one of the prospective jurors failed to indicate that he knew any of the witnesses.  After the defendant’s son took the witness stand, however, the juror disclosed that he had administered five or six … Click To Read Full Case Law Review...

APPEALS: FLA. R. APP. P. 9.141(c): BELATED PETITION FOR DISCRETIONARY REVIEW UNAVAILABE TO PROVIDE UNTIMELY REVIEW OF PETITION FOR COMMON LAW CERTIORARI: DENIAL OF PETITION FOR BELATED DISCRETIONARY REVIEW IS REVIEWABLE BY WRIT OF PROHIBITION

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Russell v. State, ___ So. 3d ___, 38 Fla. L. Weekly D1252 (Fla. 2d DCA June 7, 2013)

“[A] petition for belated discretionary review under Florida Rule of Appellate Procedure 9.141(c) is not available to provide untimely review of a common law petition for certiorari.”  The court stated that the Florida Supreme Court could review its decision by writ of … Click To Read Full Case Law Review...

INJUNCTIONS: MANDATORY INJUNCTION: LACK OF DEFINITE AGREEMENT: LACK OF DEFINITE ORDER: FAILURE TO NEGATE ADEQUACY OF REMEDY AT LAW: REFERENCE TO EXTRINSIC DOCUMENTS TO DESCRIBE THE ACTS RESTRAINED: ORDER TO DEPOSIT INTO REGISTRY OF THE COURT MONEY THAT WAS NOT SUBJECT OF SUIT

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Blue Earth Solutions v. Florida Consolidated Properties, LLC, ___ So. 3d ___, 38 Fla. L. Weekly D831 (Fla. 5th DCA April 12, 2013)

The seller agreed to sell business assets to the buyer and to lease to the buyer the premises where the assets were housed.  Twenty days after the closing, the seller declared a default, “locked [the buyer] … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: INDIRECT CRIMINAL CONTEMPT OF COURT: FAILURE TO COMPLY WITH FLA. R. CRIM. P. 3.840

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Bank of New York v. The Moorings at Edgewater Condominium Association, Inc., ___ So. 3d ___, 37 Fla. L. Weekly D332 (Fla. 2d DCA February 8, 2012)

The trial court in an action to foreclose upon a mortgage held the bank and its lawyer in contempt for failing to (1) comply with an order to pay condominium association assessments, and … Click To Read Full Case Law Review...