Mann v. State

476 So. 2d 1369, 10 Fla. L. Weekly 2379
CourtDistrict Court of Appeal of Florida
DecidedOctober 18, 1985
Docket85-110
StatusPublished
Cited by9 cases

This text of 476 So. 2d 1369 (Mann 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.

Bluebook
Mann v. State, 476 So. 2d 1369, 10 Fla. L. Weekly 2379 (Fla. Ct. App. 1985).

Opinion

476 So.2d 1369 (1985)

W. Robert MANN, Appellant,
v.
STATE of Florida, Appellee.

No. 85-110.

District Court of Appeal of Florida, Second District.

October 18, 1985.

William L. Blackwell of Blackwell & Beal, P.A., Naples, for appellant.

Lynn Gerald, Jr. of Gerald, Cary & Duncan, Fort Myers, for appellee.

FRANK, Judge.

The appellant, W. Robert Mann, a member of the Florida Bar, has sought our *1370 review of a judgment finding him guilty of direct criminal contempt as a result of statements uttered at a hearing held on April 26, 1984, attacking the dignity and integrity of the lower court presided over by the Honorable Hugh E. Starnes. Judge Starnes recused himself and the matter was transferred to the Honorable Charles T. Carlton who, on December 10, 1984, conducted an evidentiary hearing pursuant to an order to show cause issued by Judge Starnes. Although Rule 3.830 contemplates the summary punishment of a direct contempt, Judge Starnes, and subsequently Judge Carlton, followed the procedures contained in Rule 3.840, thus according Mr. Mann the procedural fairness contemplated in Bloom v. State of Illinois, 391 U.S. 194, 88 S.Ct. 1477, 20 L.Ed.2d 522 (1968) and Mayberry v. Pennsylvania, 400 U.S. 455, 91 S.Ct. 499, 27 L.Ed.2d 532 (1971). On December 10, consistent with Rule 3.830 of the Florida Rules of Criminal Procedure, Judge Carlton pronounced sentence in open court; he withheld a formal adjudication of guilt, placed Mr. Mann on probation for 179 days and required that he perform 40 hours of community service as an attorney. Upon the completion of such service, evidenced in an affidavit furnished to Judge Carlton, probation would terminate. When asked by Mr. Mann's counsel if he would stay the matter, Judge Carlton stated, in effect, that the filing of a notice of appeal would be treated as a stay of execution of the judgment. A timely notice was filed.

Mr. Mann raises four issues on appeal. We find it necessary to pass only upon the contentions that: (1) the transcript of the proceeding at which the alleged contumacy occurred fails to disclose the element of "intent" which must be established beyond a reasonable doubt, and (2) the 90 day speedy trial rule found in Rule 3.191(a)(1) of the Florida Rules of Criminal Procedure entitled Mr. Mann to a discharge from criminal contempt. We find no merit in the remaining points. Accordingly, we affirm Judge Carlton's rejection of the applicability of the 90 day speedy trial rule and the ultimate finding that Mr. Mann committed direct criminal contempt.

A summary of the events preceding the April 26 hearing is warranted. The record reveals that the appellant and his opposing counsel acted antagonistically toward each other at various stages of a personal injury action. In the course of a pretrial conference held on November 28, 1983, Judge Starnes commented that he perceived the hostile behavior of Mr. Mann and his opponent to be unethical. He instructed both attorneys to remain in the presence of the court reporter and to resolve and agree upon the terms of a pretrial order. At that point, Judge Starnes terminated the conference and left the hearing room. Prior to his departure, Mr. Mann asked if he could make a statement. Judge Starnes denied the request and departed. Mr. Mann then placed the following statement on the record:

MR. MANN: I want the record to show that the Court has charged Counsel for the Defendant with being unethical without any explanation whatsoever as to what he considers to be unethical. And I'd like the record to also show that the Court has walked out of the hearing room and has refused to set forth in the record what conduct on the part of the Attorney for the Defendant the Court has considered to be unethical.
I would like also the record to reflect that the Court apparently came into this hearing today with a chip on his shoulder as to what he viewed the conduct between the attorneys for the parties are. And hopefully that is the reason that he made the charge against me in particular as to unethical conduct without outlining or even suggesting what it is. I asked what I have on the record.
And I also object to the Court absenting himself from this hearing room and from the pre-trial conference when I, as Attorney for the Defendants, am here present and prepared to pre-try the case.

After a period of attempting to reach agreement with respect to certain pretrial matters, Mr. Mann went to Judge Starnes' private office and stated:

*1371 If it please the Court, I think we've reached a point where we need the Court to sit down with us in this pre-trial. I think you should have throughout. You saw fit to leave, but there's matters here I'd like to take up. I'm here on your notice and I'd like to get these things over with.

Judge Starnes reentered the hearing room and participated in the effort to achieve a pretrial order. During this aspect of the proceeding, the following colloquy occurred:

MR. MANN: Well, Judge, with all due respect to you I think this whole thing is your fault. There was an objection filed to his Notice of Trial and I wrote a separate letter to you. Now you may not remember this, but I said, "Judge, I'm sure when this kind of motion is filed the Clerk of the Court doesn't rush up to you with that motion" —
... "therefore here is my objection." And after that objection was filed you sent out an order setting it for pre-trial. When you did that I honestly and truly don't think this case was ready to be pre-tried, but I'm here on your order. But I think you set in motion the problems that we have in this case. If you had gone ahead and looked at this thing objectively and said, "Now really, is this case, number one, ready for trial; and is it, number two, ready for pre-trial." And here I sit and have not even had a chance to have my motions disposed of and I don't think that's right.
And I'm candid enough to tell you that you're the author of your own misfortune. That's my humble opinion about it. And to — I'm going to stand, because I'm upset about this. And for you to walk out of this pre-hearing conference I think is in violation of the Rules as well. Lastly and most importantly, for you to accuse me of unethical conduct and than to flatly refuse what it is that you think that I have done is wrong I think is judicial misconduct. Now, that's my honest opinion about the matter. And I've never had a judge, never had a judge accuse me of unethical conduct from the bench, number one, and much less have any judge ever tell me that I'm unethical but not tell me what it was I did.
THE COURT: You know, usually I'd probably get mad when somebody said something like that. You have a right to say it and there is some truth in part of what you say. But there's going to be one captain of every ship and I'm going to be captain of the ship that goes on in this courtroom. And I will stand on the record that's been made here.
My point is — and you don't want to accept it — is that you two lawyers are not cooperating and you're taking up unnecessary time for the Court and that's the ultimate point.
You're offended. I don't blame you for being offended, and to some extent I think you are right.
I did jump the gun and I'm trying to tell you why.

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Cite This Page — Counsel Stack

Bluebook (online)
476 So. 2d 1369, 10 Fla. L. Weekly 2379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-state-fladistctapp-1985.