Kersh v. State Farm Fire & Cas. Co., 96-1163

Decision Date22 January 1997
Docket NumberNo. 96-1163,96-1163
Citation686 So.2d 782
Parties22 Fla. L. Weekly D244 Richard KERSH, Appellant, v. STATE FARM FIRE & CASUALTY COMPANY, Appellee.
CourtFlorida District Court of Appeals

Richard Kersh, in pro. per.

Charlton Lee Hunter and Linwood Anderson, Miami, for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

This is an appeal from a trial court order, implicitly finding Appellant Kersh in indirect criminal contempt and providing for sanctions. As Mr. Kersh was not afforded notice of the charge, specifics as to what conduct constituted the alleged contempt, or a hearing, we quash the order appealed. Fla.R.Crim.P. 3.840; Pugliese v. Pugliese, 347 So.2d 422, 425 (Fla.1977) (greater procedural process safeguards are to be imposed for indirect criminal contempt proceedings); Pryor v. Wille, 644 So.2d 346 (Fla. 4th DCA 1994) (order for indirect criminal contempt quashed when trial court failed to comply with rule 3.840); Russ v. State, 622 So.2d 501 (Fla. 5th DCA 1993) (order finding defendant guilty of indirect criminal contempt reversed because the trial court failed to follow rule 3.840), review denied, 634 So.2d 626 (Fla.1994); Benarroch v. Crawford, 516 So.2d 28, 29 (Fla. 3d DCA 1987) ("[T]he petitioner was denied procedural due process in this case because Fla.R.Crim.P. 3.840, which governs indirect criminal contempt, was not followed in any respect by the trial court below."); Bryant v. State, 363 So.2d 1141, 1144 (Fla. 1st DCA 1978) ("It is well recognized in Florida that greater procedural due process safeguards are accorded when one is accused of indirect criminal contempt.").

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6 cases
  • Hudson v. Marin, s. 3D17-2754 & 3D17-2755
    • United States
    • Florida District Court of Appeals
    • August 15, 2018
    ...from the contempt order on direct appeal. See, e.g., J.M.P.U. v. State, 858 So.2d 389 (Fla. 3d DCA 2003) ; Kersh v. State Farm Fire & Cas. Co., 686 So.2d 782 (Fla. 3d DCA 1997). So, at least at first blush, prohibition would seem unavailable to the petitioners in this case. Florida's appell......
  • Yacenda Hudson & Amina Mcneil, & Ditech Fin. LLC v. Marin
    • United States
    • Florida District Court of Appeals
    • August 15, 2018
    ...from the contempt order on direct appeal. See, e.g., J.M.P.U. v. State, 858 So. 2d 389 (Fla. 3d DCA 2003); Kersh v. State Farm Fire & Cas. Co., 686 So. 2d 782 (Fla. 3d DCA 1997). So, at least at first blush, prohibition would seem unavailable to the petitioners in this case. Florida's appel......
  • Bajcar v. Bajcar
    • United States
    • Florida District Court of Appeals
    • May 16, 2018
    ...criminal proceedings." Bowen, 471 So.2d at 1277 ; White v. Junior, 219 So.3d 230 (Fla. 3d DCA 2017) ; Kersh v. State Farm Fire & Casualty Co., 686 So.2d 782 (Fla. 3d DCA 1997). See also Pugliese, 347 So.2d at 424–25.The procedural components of an indirect criminal contempt are incorporated......
  • WC v. Smith
    • United States
    • Florida District Court of Appeals
    • March 31, 2005
    ...in the order to show cause informing defendant that he was subject to possible criminal penalties); Kersh v. State Farm Fire & Cas. Co., 686 So.2d 782 (Fla. 3d DCA 1997) (finding that defendant must be afforded notice of the charge, the specifics as to what conduct constituted the alleged c......
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