Aron v. Huttoe, 42201

Decision Date26 July 1972
Docket NumberNo. 42201,42201
Citation265 So.2d 699
PartiesDr. Jack D. ARON, Petitioner, v. Honorable Arthur HUTTOE, Judge, Circuit Court for the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.
CourtFlorida Supreme Court

Writ of Certiorari to the District Court of Appeal, Third District.

George D. Gold, of Pozen, Pestcoe, Gold & Gold, and Lyle D. Lieberman, Miami, for petitioner.

Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for respondent.

PER CURIAM.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 258 So.2d 272. The District Court has certified its decision as one passing on a question of great public interest, to-wit:

"Whether a person who fails to appear at trial after having been properly subpoenaed may be brought into court during the trial and summarily held in contempt after failing to prove an adequate excuse."

After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly decided the cause and its decision is adopted as the ruling of this Court.

Accordingly, certiorari is discharged.

It is so ordered.

ROBERTS, C.J., ADKINS, BOYD and DEKLE, JJ., and SMITH (HAROLD S.), Circuit Judge, concur.

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23 cases
  • Swisher v. US
    • United States
    • D.C. Court of Appeals
    • March 22, 1990
    ...been advanced by appellant that this contempt was not committed in the actual presence of the court"), cert. dismissed per curiam, 265 So.2d 699 (Fla.1972). But cf. In re Allis, 531 F.2d 1391, 1392-93 (9th Cir.) (opportunity to confer with counsel for ten minutes sufficient for attorney who......
  • Campbell v. State, 46530
    • United States
    • Florida Supreme Court
    • March 31, 1976
  • Kelley v. Rice
    • United States
    • Florida District Court of Appeals
    • October 5, 2001
    ...Ms. Kelley was punished some six months after her allegedly contumacious act. We could end our discussion here, but for Aron v. Huttoe, 265 So.2d 699 (Fla. 1972). In Aron, the supreme court accepted review to determine "[w]hether a person who fails to appear at trial after having been prope......
  • State v. Diaz De La Portilla
    • United States
    • Florida Supreme Court
    • November 5, 2015
    ...prior to being held in contempt. Id. at 793.This Court later addressed a similar, albeit distinguishable, issue in Aron v. Huttoe (Aron II), 265 So.2d 699 (Fla.1972). Aron II was before this Court on the basis of the following certified question:Whether a person who fails to appear at trial......
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