Childs v. Childs

District Court of Appeal of Florida

Childs v. Childs

31 So. 3d 955, 2010 Fla. App. LEXIS 4925, 2010 WL 1407378

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 2010

Docket1D09-3385

StatusPublished

This text of 31 So. 3d 955 (Childs v. Childs) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Childs v. Childs, 31 So. 3d 955, 2010 Fla. App. LEXIS 4925, 2010 WL 1407378 (Fla. Ct. App. 2010).

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Opinion

PER CURIAM.

Desislava Zhivkova Dimitrova Childs, the wife, appeals a final order which denies her motion styled “Second Motion for Order to Show Cause for Indirect Criminal Contempt/Enforcement.” The wife argues the trial court erred in conducting the proceedings as though a finding of civil contempt were sought. Because the wife did not object to the course of the proceedings in which she, through counsel, actively participated and because the wife’s second motion included in its prayer for relief fines, incarceration and/or other remedies pursuant to a finding of civil contempt, the wife has waived any complaint to the propriety of the proceedings below and any error was invited. See Goodwin v. State, 751 So.2d 537 (Fla.1999); Bryan v. Bryan, 930 So.2d 693 (Fla. 3d DCA 2006); Rokicki v. Rokicki, 660 So.2d 362 (Fla. 3d DCA 1995). Appellant’s remaining arguments are without merit.

AFFIRMED.

BENTON, VAN NORTWICK, and CLARK, JJ., concur.

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PER CURIAM.

Desislava Zhivkova Dimitrova Childs, the wife, appeals a final order which denies her motion styled “Second Motion for Order to Show Cause for Indirect Criminal Contempt/Enforcement.” The wife argues the trial court erred in conducting the proceedings as though a finding of civil contempt were sought. Because the wife did not object to the course of the proceedings in which she, through counsel, actively participated and because the wife’s second motion included in its prayer for relief fines, incarceration and/or other remedies pursuant to a finding of civil contempt, the wife has waived any complaint to the propriety of the proceedings below and any error was invited. See Goodwin v. State, 751 So.2d 537 (Fla.1999); Bryan v. Bryan, 930 So.2d 693 (Fla. 3d DCA 2006); Rokicki v. Rokicki, 660 So.2d 362 (Fla. 3d DCA 1995). Appellant’s remaining arguments are without merit.

AFFIRMED.

BENTON, VAN NORTWICK, and CLARK, JJ., concur.

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Bluebook (online)

31 So. 3d 955, 2010 Fla. App. LEXIS 4925, 2010 WL 1407378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/childs-v-childs-fladistctapp-2010.

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