Loury v. Loury, 82-1621
| Decision Date | 20 May 1983 |
| Docket Number | No. 82-1621,82-1621 |
| Citation | 431 So.2d 701 |
| Parties | Eugene LOURY, Appellant, v. Jo Ann LOURY, Appellee. |
| Court | Florida District Court of Appeals |
Jack W. Crooks, Tampa, for appellant.
Donna Sumner Cox, of Dayton, Sumner, Luckie & McKnight, P.A., Dade City, for appellee.
The appellant, Eugene Loury, has appealed from an order holding him in contempt of court and awarding the appellee, Jo Ann Loury, a money judgment against him. We reverse.
On November 18, 1980, the trial court entered a final judgment dissolving the parties' marriage. The judgment approved, and ordered the parties to comply with, an agreement concerning the division of their personal property.
On June 17, 1981, the trial court entered an order which gave the appellant ten days to either deliver certain items of personal property to the appellee, or to pay her the reasonable value of any item or items not delivered. The order provided further that if the parties were unable to agree on the value of any item, either of them could apply to the court for such a determination.
On April 16, 1982, the appellee filed a motion requesting the court to hold the appellant in contempt and to enforce the court's order of June 17, 1981. The motion alleged that the appellant had failed to comply with the order and that the reasonable value of the items in question was $10,500. The appellant filed a response to the motion and additionally filed his own motion requesting a subsequent hearing to determine reasonable value.
At the hearing on the appellee's motion, a list containing values of the property in question was admitted into evidence over the appellant's objection. The appellee testified that the values on the list were obtained from catalogues that she had in her possession. The appellant presented no evidence concerning value. At the conclusion of the hearing, the court denied the appellant's motion to allow another hearing for the purpose of establishing reasonable value of the property in question. The court subsequently entered an order finding the appellant in contempt of court, and a judgment was rendered in favor of the appellee in the amount of $10,091.18.
We disagree with the appellant's contention that his constitutional right to due process was violated because he did not have an opportunity to be heard at a meaningful time and in a meaningful manner. He cites Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556, reh'g denied, 409 U.S. 902, 93 S.Ct. 177, 34 L.Ed.2d 165 (1972). The motion and notice of hearing furnished to the appellant was sufficient to place him on notice that he was called upon to defend himself for not complying with the court's order. If he did not agree with the reasonable value of the items as alleged by the appellee, he should have been prepared to present evidence at the hearing.
However, even though we do not accept the appellant's argument concerning due process, we agree that the court erred when it found him in contempt. A party may not be held in contempt of court for violating an order which is not clear in its command and direction. Kranis v. Kranis, 313 So.2d 135 (Fla. 3d DCA 1975). This court in the case of Hettinger v....
To continue reading
Request your trial
-
Seaboard System R.R., Inc. v. Clemente for and on Behalf of Metropolitan Dade County
...the parties of the court's mandate, and, accordingly, we reverse the order of contempt against Futura and Seaboard. See Loury v. Loury, 431 So.2d 701 (Fla.2d DCA 1983); Kranis v. Kranis, 313 So.2d 135 (Fla.3d DCA Affirmed in part; reversed in part. 1 Testimony of the former plant manager of......
-
Ocean Elec. Co. v. Hughes Laboratories, Inc.
...value based solely on evidence presented as to the original cost to the owner, or the owner's replacement cost. See Loury v. Loury, 431 So.2d 701 (Fla. 2d DCA 1983); McDonald Air Conditioning, Inc. v. John Brown, Inc., 285 So.2d at 697; Allstates Van Lines Corp. v. Lebenstein, 303 So.2d 33 ......
-
Farrell v. Republic of Colombia by Superintendent of Banks
...the subject motion and evidentiary hearing thereon. 1 See Dawkins v. Dawkins, 494 So.2d 282, 284 (Fla. 2d DCA 1986); Loury v. Loury, 431 So.2d 701, 703 (Fla. 2d DCA 1983). Second, there is no merit to the defendants' contention that the trial court erred in admitting in evidence the transcr......
-
Lubin v. Schumer, 91-1092
...474 So.2d 1224 (Fla. 4th DCA 1985); Seaboard Systems Railroad, Inc. v. Clemente, 467 So.2d 348, 358 (Fla. 3d DCA 1985); Loury v. Loury, 431 So.2d 701 (Fla. 2d DCA 1983); Lawrence v. Lawrence, 384 So.2d 279 (Fla. 4th DCA 1980). Second, the trial court ordered Lubin to serve thirty days in ja......