Porter v. Porter

District Court of Appeal of Florida

Porter v. Porter

698 So. 2d 643, 1997 Fla. App. LEXIS 10243, 1997 WL 538796

CourtDistrict Court of Appeal of Florida

DecidedSeptember 3, 1997

DocketNo. 96-2592

StatusPublished

Cited by1 cases

This text of 698 So. 2d 643 (Porter v. Porter) 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

Porter v. Porter, 698 So. 2d 643, 1997 Fla. App. LEXIS 10243, 1997 WL 538796 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Craig Michael Porter appeals an order of commitment pursuant to an adjudication of indirect criminal contempt. As the state properly concedes, the trial court erred in failing to comply with the procedures set forth in Florida Rule of Criminal Procedure 3.840. See De Mauro v. State, 632 So.2d 727 (Fla. 3d DCA 1994). Accordingly, we reverse the finding of criminal contempt and order of commitment and remand for a new hearing. The matter shall be heard before a different judge as Porter’s motion to recuse the judge was legally sufficient to establish the he had a well-grounded fear that he would not receive a fair hearing. See Fischer v. Knuck, 497 So.2d 240 (Fla.1986); Wargo v. Wargo, 669 So.2d 1123 (Fla. 4th DCA 1996).

Reversed and remanded.

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PER CURIAM.

Craig Michael Porter appeals an order of commitment pursuant to an adjudication of indirect criminal contempt. As the state properly concedes, the trial court erred in failing to comply with the procedures set forth in Florida Rule of Criminal Procedure 3.840. See De Mauro v. State, 632 So.2d 727 (Fla. 3d DCA 1994). Accordingly, we reverse the finding of criminal contempt and order of commitment and remand for a new hearing. The matter shall be heard before a different judge as Porter’s motion to recuse the judge was legally sufficient to establish the he had a well-grounded fear that he would not receive a fair hearing. See Fischer v. Knuck, 497 So.2d 240 (Fla.1986); Wargo v. Wargo, 669 So.2d 1123 (Fla. 4th DCA 1996).

Reversed and remanded.

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698 So. 2d 643, 1997 Fla. App. LEXIS 10243, 1997 WL 538796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/porter-v-porter-fladistctapp-1997.

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