Hutchinson v. Anderson

• Decision Date: 06 September 2017
• Docket Number: Case No. 2D17-1310.
• Citation: 226 So.3d 353 (Mem)
• Parties: Jonathan HUTCHINSON, Petitioner, v. Herbert ANDERSON, Respondent.
• Court: Florida District Court of Appeals

226 So.3d 353 (Mem)

Jonathan HUTCHINSON, Petitioner,

v.Herbert ANDERSON, Respondent.

Case No. 2D17-1310.

District Court of Appeal of Florida, Second District.

Opinion filed September 6, 2017

Mark Goldstein, Miami, for Petitioner.

Jesse Gubernat, Banker Lopez Gassler, Fort Myers; Dee Ann McLemore and Charles Hall, Banker Lopez Gassler, P.A., St. Petersburg; and Stanley Plappert, Ocala, for Respondent.

PER CURIAM.

We grant the petition for writ of certiorari, quash the trial court's "Order Granting Order to Show Cause." See CB Condos., Inc. v. GRS S. Fla., Inc., 165 So.3d 739, 742 (Fla. 4th DCA 2015) (reversing sanctions order that did not and could not find the nonparty deponent in contempt because the evidence did not establish that the nonparty failed to be sworn or to answer a question after being directed to do so by the court); Morell v. Booth, 29 So.3d 429, 429 (Fla. 5th DCA 2010) (concluding that the trial court erred by imposing sanctions against a nonparty, absent a finding of contempt).

Petition granted; order quashed.

SILBERMAN, SLEET, and LUCAS JJ., Concur.