Roberts v. Milner

District Court of Appeal of Florida

Roberts v. Milner

709 So. 2d 209, 1998 Fla. App. LEXIS 6445, 1998 WL 268417

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 1998

DocketNos. 98-1289, 98-1815

StatusPublished

This text of 709 So. 2d 209 (Roberts v. Milner) 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

Roberts v. Milner, 709 So. 2d 209, 1998 Fla. App. LEXIS 6445, 1998 WL 268417 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

By petition for writ of habeas corpus, James Byron Roberts challenges an order of the trial court finding him in indirect criminal contempt and imposing sentence. Petitioner as well seeks a belated appeal of the contempt order. Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus, quash the order of contempt, and direct petitioner’s immediate release from custody. This disposition is without prejudice to the institution of proper contempt proceedings in compliance with the applicable procedural requisites. In light of this disposition, the petition for belated appeal is denied as moot.

BOOTH, BENTON and PADOVANO, JJ., concur.

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PER CURIAM.

By petition for writ of habeas corpus, James Byron Roberts challenges an order of the trial court finding him in indirect criminal contempt and imposing sentence. Petitioner as well seeks a belated appeal of the contempt order. Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus, quash the order of contempt, and direct petitioner’s immediate release from custody. This disposition is without prejudice to the institution of proper contempt proceedings in compliance with the applicable procedural requisites. In light of this disposition, the petition for belated appeal is denied as moot.

BOOTH, BENTON and PADOVANO, JJ., concur.

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Bluebook (online)

709 So. 2d 209, 1998 Fla. App. LEXIS 6445, 1998 WL 268417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-milner-fladistctapp-1998.