Sauriol v. Sauriol

79 So. 3d 204, 2012 WL 413811
CourtDistrict Court of Appeal of Florida
DecidedFebruary 10, 2012
DocketNo. 2D09-4346
StatusPublished

This text of 79 So. 3d 204 (Sauriol v. Sauriol) 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
Sauriol v. Sauriol, 79 So. 3d 204, 2012 WL 413811 (Fla. Ct. App. 2012).

Opinion

ALTENBERND, Judge.

Jean-Sébastien Sauriol appeals an order holding him in contempt for sending an email to his wife in violation of a domestic violence injunction. We reverse.

Our record in this appeal is limited to the proceedings on the petition for protection against domestic violence. Apparently, there is or has been a related dissolution proceeding and a criminal proceeding. The proceeding at issue in this case commenced in August 2008 when Jennifer Sau-riol filed a petition for injunction for protection against domestic violence, alleging that her husband had violently attacked her by hitting her across the face. She alleged that he had also engaged in earlier acts of physical violence.

The trial court entered a final judgment of injunction in early September 2008. The judgment prohibited violence and also contained a “no contact” provision, which stated that Mr. Sauriol should have no contact with his wife, including contact by email. This provision, however, was apparently limited so that Mr. Sauriol could discuss business matters with Ms. Sauriol. We say “apparently” because the injunction states that the express “terms and conditions cited by counsel of record” would be “drawn by counsel and appended hereto.” Unfortunately, nothing is appended to the judgment in the record.

In April 2009, Ms. Sauriol filed a standard form “affidavit and motion for order to show cause.” This pro se motion complained that Mr. Sauriol had sent his wife five emails between September 19, 2008, and February 11, 2009. The emails are attached to the motion. They are all short messages that are not threatening or even impolite. They address some business issues and Mr. Sauriol’s need to obtain some of his personal property. Mr. Sauriol is a Canadian citizen, and apparently he sent some of these emails from Canada.

Ms. Sauriol’s standard form motion requests that the trial court hold Mr. Sauriol in indirect criminal contempt; it does not request any relief under civil contempt. The trial court issued an order to show cause why Mr. Sauriol should not be held in civil contempt. Thereafter the procedures for indirect criminal contempt in Florida Rule of Criminal Procedure 3.840 were not further invoked.

After some delay, the trial court conducted a hearing on the contempt matter in August 2009. Mr. Sauriol appeared by telephone from Canada. There is no transcript of this hearing, but the record does contain detailed notes that are described as “court minutes,” which appear to have been prepared by a court clerk. The notes indicate that a judgment of dissolution had been entered and that Ms. Sauriol is now known as Ms. Stringer. It is difficult to know the extent of the testimony from these notes, but it is clear that Mr. Sauriol challenged the trial court’s patience. At the end of the hearing, the trial court informed Mr. Sauriol that he could not appear by telephone at any future hearings.

The trial court ruled that four of the emails did not violate the injunction because they concerned business matters be[206]*206tween the Sauriols. However, the court determined that the email sent by Mr. Sauriol in September 2008 violated the injunction because it discussed other issues beyond the former couple’s business matters. Without a transcript, we cannot evaluate this determination on appeal.

Despite the fact that this brief email does not appear to be threatening or impolite in any way, the court minutes reflect that the trial court initially held Mr. Sau-riol in indirect criminal contempt and sentenced him to three weeks in jail in the event that he ever returned to Florida. The court minutes reflect that the trial court rescinded this order ten minutes later and instead held Mr. Sauriol in civil contempt.

The rendered order on the motion for contempt confirms that the trial court held Mr. Sauriol in civil contempt for the single offending email that he sent eleven months earlier. The order states:

5. The court rules respondent is hereby sentenced to twenty one (21) days in the Charlotte County jail with a purge.
6. Respondent may purge the sentence if he: 1. Pays a five hundred dollar ($500) fine, and 2. Attends and completes a certified batterer’s intervention program. Respondent may attend a program in the jurisdiction of his choosing, but said program must be comparable to the batterer’s intervention program administered in the state of Florida under Chapter 65H-2, Florida Administrative Code, Section 741.32, Florida Statutes, Section 741.325, Florida Statutes, Section 741.327, Florida Statutes. Respondent shall provide proof of attendance to the Charlotte County Clerk’s office and to the law office of Attorney Jeffrey A. Rapkin, Esq....
7. Respondent has one year from the date of signature of this order to pay the $500 fine and attend the aforementioned batterer’s program. Should he fail to pay the $500 fine and successfully attend and complete the batterer’s program, respondent’s twenty one (21) day sentence shall be served.

For purposes of this appeal, we assume that Mr. Sauriol has the ability to pay $500 and that Canada has a certified batterer’s program that is comparable to Florida’s. In our limited record, however, nothing suggests that the trial court took evidence or otherwise considered these issues. We reverse this order because it is not a proper order of civil contempt; rather, it is little more than a repackaged effort at the unauthorized indirect criminal contempt order that had been entered a few minutes earlier.

The law of contempt is generally divided into two categories: criminal or civil contempt. See Parisi v. Broward Cnty., 769 So.2d 359, 363 (Fla.2000). Civil contempt sanctions are further categorized as either compensatory or coercive. Id.; see also H.K. Dev., LLC v. Greer, 32 So.3d 178, 184 (Fla. 1st DCA 2010).

As explained above, this case does not involve criminal contempt; it was not prosecuted under rule 3.840. The distinction between civil and criminal contempt is not as clear-cut as might be desired, but the court in Pansi explained:

The distinction between criminal and civil contempt often turns on the “character and purpose” of the sanctions involved. [Int’l Union, United Mine Workers v. Bagwell, 512 U.S. 821, 827, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994) (quoting Gompers v. Buck’s Stove & Range Co., 221 U.S. 418, 441, 31 S.Ct. 492, 55 L.Ed. 797 (1911)).] We have previously explained that “[t]he purpose of criminal contempt ... is to punish. Criminal contempt proceedings are uti[207]*207lized to vindicate the authority of the court or to punish for an intentional violation of an order of the court.” Bowen v. Bowen, 471 So.2d 1274, 1277 (Fla.1985). On the other hand, a contempt sanction is considered civil if it “is-remedial, and for the benefit of the complainant.” Bagwell, 512 U.S. at 827-28, 114 S.Ct. 2552 ... (quoting Gompers, 221 U.S. at 441, 31 S.Ct. 492).

Parisi, 769 So.2d at 364 (emphasis in original).

In this case, it is obvious that the trial court was trying to punish Mr. Sauriol. If this case involved civil contempt, the sanction would be designed to coerce Mr.

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Related

Gompers v. Bucks Stove & Range Co.
221 U.S. 418 (Supreme Court, 1911)
International Union, United Mine Workers v. Bagwell
512 U.S. 821 (Supreme Court, 1994)
Johnson v. Bednar
573 So. 2d 822 (Supreme Court of Florida, 1991)
H.K. Development, LLC. v. Greer
32 So. 3d 178 (District Court of Appeal of Florida, 2010)
Bowen v. Bowen
471 So. 2d 1274 (Supreme Court of Florida, 1985)
Parisi v. Broward County
769 So. 2d 359 (Supreme Court of Florida, 2000)

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Bluebook (online)
79 So. 3d 204, 2012 WL 413811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sauriol-v-sauriol-fladistctapp-2012.