Pattinson v. Stephens

District Court of Appeal of Florida

Pattinson v. Stephens

436 So. 2d 975, 1983 Fla. App. LEXIS 22769

CourtDistrict Court of Appeal of Florida

DecidedJuly 28, 1983

DocketNo. 83-821

StatusPublished

Cited by2 cases

This text of 436 So. 2d 975 (Pattinson v. Stephens) 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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Pattinson v. Stephens, 436 So. 2d 975, 1983 Fla. App. LEXIS 22769 (Fla. Ct. App. 1983).

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Opinion

ON MOTION TO DISMISS APPEAL

COWART, Judge.

We dismiss this appeal taken by a former husband from a final order finding appellant’s former wife to not be in criminal contempt of court. As distinguished from civil contempt, which is court coercion applied for the benefit of a civil litigant, the only proper objective of criminal contempt is as punishment to vindicate the authority of a court. Even when an alleged criminal contempt arises out of a civil case it is not a part of the civil cause and a civil litigant has no standing to appeal the judge’s determination that, under the circumstances presented, the dignity and authority of the court does not require a finding of guilt of criminal contempt. While we find no authority on point, see generally South Dade Farms, Inc. v. Peters, 88 So.2d 891 (Fla.1956).

DISMISSED.

DAUKSCH and COBB, JJ., concur.

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ON MOTION TO DISMISS APPEAL

COWART, Judge.

We dismiss this appeal taken by a former husband from a final order finding appellant’s former wife to not be in criminal contempt of court. As distinguished from civil contempt, which is court coercion applied for the benefit of a civil litigant, the only proper objective of criminal contempt is as punishment to vindicate the authority of a court. Even when an alleged criminal contempt arises out of a civil case it is not a part of the civil cause and a civil litigant has no standing to appeal the judge’s determination that, under the circumstances presented, the dignity and authority of the court does not require a finding of guilt of criminal contempt. While we find no authority on point, see generally South Dade Farms, Inc. v. Peters, 88 So.2d 891 (Fla.1956).

DISMISSED.

DAUKSCH and COBB, JJ., concur.

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436 So. 2d 975, 1983 Fla. App. LEXIS 22769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pattinson-v-stephens-fladistctapp-1983.

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