Givner v. State

District Court of Appeal of Florida

Givner v. State

559 So. 2d 466, 1990 Fla. App. LEXIS 2808, 1990 WL 49871

CourtDistrict Court of Appeal of Florida

DecidedApril 25, 1990

DocketNo. 89-1996

StatusPublished

Cited by1 cases

This text of 559 So. 2d 466 (Givner v. State) 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.

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Givner v. State, 559 So. 2d 466, 1990 Fla. App. LEXIS 2808, 1990 WL 49871 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse and remand with direction to rehear the matter pursuant to reasonable notice. Any contempt of appellant for failure to answer a state attorney's questions pursuant to subpoena outside of the court's presence would be indirect, not direct, contempt. See Fla.R.Crim.P. 3.830. Serving the order on the 26th for a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So.2d 1282 (Fla.3d DCA 1989). Any contempt judgment must set forth the facts which constitute the contempt, which the judgment here failed to do. See Folsom v. Folsom, 509 So.2d 1330 (Fla.2d DCA 1987).

GLICKSTEIN, DELL and GARRETT, JJ., concur.

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PER CURIAM.

We reverse and remand with direction to rehear the matter pursuant to reasonable notice. Any contempt of appellant for failure to answer a state attorney's questions pursuant to subpoena outside of the court's presence would be indirect, not direct, contempt. See Fla.R.Crim.P. 3.830. Serving the order on the 26th for a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So.2d 1282 (Fla.3d DCA 1989). Any contempt judgment must set forth the facts which constitute the contempt, which the judgment here failed to do. See Folsom v. Folsom, 509 So.2d 1330 (Fla.2d DCA 1987).

GLICKSTEIN, DELL and GARRETT, JJ., concur.

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559 So. 2d 466, 1990 Fla. App. LEXIS 2808, 1990 WL 49871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/givner-v-state-fladistctapp-1990.

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