Desvousges v. Desvousges

District Court of Appeal of Florida

Desvousges v. Desvousges

926 So. 2d 1293, 2006 Fla. App. LEXIS 6994, 2006 WL 1235907

CourtDistrict Court of Appeal of Florida

DecidedMay 10, 2006

DocketNo. 2D05-3982

StatusPublished

This text of 926 So. 2d 1293 (Desvousges v. Desvousges) 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

Desvousges v. Desvousges, 926 So. 2d 1293, 2006 Fla. App. LEXIS 6994, 2006 WL 1235907 (Fla. Ct. App. 2006).

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Opinion

KELLY, Judge.

Sabine Desvousges appeals from the order adjudicating her guilty of violating an injunction for protection against domestic violence. She correctly argues that the trial court failed to follow the requirements of Florida Rule of Criminal Procedure 3.840 for indirect criminal contempt because it failed to attach to the order a sworn affidavit from a person with knowledge of the facts. See Mix v. State, 827 So.2d 397 (Fla. 2d DCA 2002); Hagerman v. Hagerman, 751 So.2d 152 (Fla. 2d DCA 2000). Accordingly, we reverse the order of the trial court without prejudice to new proceedings being held in conformity with rule 3.840. See Mix, 827 So.2d at 399.

Reversed.

NORTHCUTT, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.

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KELLY, Judge.

Sabine Desvousges appeals from the order adjudicating her guilty of violating an injunction for protection against domestic violence. She correctly argues that the trial court failed to follow the requirements of Florida Rule of Criminal Procedure 3.840 for indirect criminal contempt because it failed to attach to the order a sworn affidavit from a person with knowledge of the facts. See Mix v. State, 827 So.2d 397 (Fla. 2d DCA 2002); Hagerman v. Hagerman, 751 So.2d 152 (Fla. 2d DCA 2000). Accordingly, we reverse the order of the trial court without prejudice to new proceedings being held in conformity with rule 3.840. See Mix, 827 So.2d at 399.

Reversed.

NORTHCUTT, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur.

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926 So. 2d 1293, 2006 Fla. App. LEXIS 6994, 2006 WL 1235907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desvousges-v-desvousges-fladistctapp-2006.

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