G.G.J. v. State, 4D09-1334.

CourtCourt of Appeal of Florida (US)
Citation28 So.3d 239
Docket NumberNo. 4D09-1334.,4D09-1334.
PartiesG.G.J., a child, Appellant, v. STATE of Florida, Appellee.
Decision Date03 March 2010

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dwight L. Geiger, Judge; L.T. Case No. 562008CJ001413A.

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

GERBER, J.

We reverse G.G.J.'s adjudication for direct criminal contempt of court for failure to appear at a docket call. An appellate court reviews an order of direct criminal contempt under an abuse of discretion standard. Haynes v. State, 944 So.2d 417, 420 n. 3 (Fla. 5th DCA 2006) (citation omitted). An order of direct criminal contempt for failure to appear requires a showing that the failure to appear was willful. Carter v. State, 954 So.2d 1185, 1186 (Fla. 4th DCA 2007). The state presented no evidence that G.G.J. willfully failed to appear. Therefore, the circuit court abused its discretion in holding G.G.J. in direct criminal contempt.1

Reversed.

TAYLOR and LEVINE, JJ., concur.

1. Normally, "[d]irect criminal contempt results from conduct committed in the actual presence of the judge." Fiore v. Athineos, 9 So.3d 1291, 1292 (Fla. 4th DCA 2009). However, we have held that a defendant who fails to appear may be summarily punished for direct criminal contempt after failing to provide an adequate excuse for the nonappearance. Woods v. State, 600 So.2d 27, 29 (Fla. 4th DCA 1992) (citing Aron v. Huttoe, 258 So.2d 272 (Fla. 3d DCA 1972), adopted, 265 So.2d 699 (Fla. 1972)). But see Kelley v. Rice, 800 So.2d 247, 252-53 (Fla. 2d DCA 2001) (disagreeing with Woods' interpretation of Aron, and holding that a failure to appear may be punished as indirect criminal contempt).

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4 cases
  • J.D.J. v. State
    • United States
    • Florida District Court of Appeals
    • August 28, 2013
    ...of discretion for the trial court to find a juvenile in direct criminal contempt absent evidence of willful conduct. G.G.J. v. State, 28 So.3d 239 (Fla. 4th DCA 2010). The conduct must also demonstrate “the accused intended to hinder or obstruct the administration of justice.” Carter v. Sta......
  • A.W. v. State
    • United States
    • Florida District Court of Appeals
    • April 2, 2014
    ...court.” From this order, the juvenile appeals. We review a direct criminal contempt order for an abuse of discretion. G.G.J. v. State, 28 So.3d 239, 240 (Fla. 4th DCA 2010). “Contempt is an act which is calculated to embarrass, hinder, or obstruct the trial court in the administration of ju......
  • Golant v. State
    • United States
    • Florida District Court of Appeals
    • November 2, 2016
    ...of contempt. “An appellate court reviews an order of direct criminal contempt under an abuse of discretion standard.” G.G.J. v. State, 28 So.3d 239, 240 (Fla. 4th DCA 2010). Florida Rule of Criminal Procedure 3.830 governs direct criminal contempt proceedings and provides as follows in pert......
  • Colarusso v. Lupetin
    • United States
    • Florida District Court of Appeals
    • March 3, 2010
    ... ... Even assuming that appellant was required to allege a change in circumstances in order to state a legally sufficient motion, appellant alleged in his motion that there was a change in circumstances because the injunction has served its purpose; ... ...
1 books & journal articles
  • Crimes
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 2
    • April 30, 2021
    ...without evidence that the failure was willful. (See this case for citations to contempt cases relating to FTAs). G.G.J. v. State, 28 So. 3d 239 (Fla. 4th DCA 2010) The court errs in finding defendant guilty of indirect criminal contempt for failing to appear when the court merely asks defen......

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