Miller v. Miller

• Decision Date: 20 January 1926
• Citation: Miller v. Miller, 91 Fla. 82, 107 So. 251 (Fla. 1926)
• Parties: MILLER v. MILLER.
• Court: Florida Supreme Court

107 So. 251

91 Fla. 82

MILLER v. MILLER.

Florida Supreme Court, Division B.

January 20, 1926

Suit by Mae Miller against Holger Miller for divorce.From an order holding defendant in contempt for failure to pay money according to final decree for support of minor child, and imprisoning him, he appeals.

Appeal dismissed.

Syllabus by the Court

SYLLABUS

Laws and rules of practice applying to contempt for violating orders of injunction also apply to contempt by refusal to obey or failure to comply with orders made in divorce or maintenance proceedings.The same laws and rules of practice and procedure which apply to contempts for violating orders of injunction also apply to cases of contempt resulting from refusal to obey or failure to comply with orders made in divorce or maintenance proceedings.

Appeal does not lie from judgment of commitment or of fine for violating jurisdictional order, made in due course.Appeal does not lie from a judgment of commitment or of a fine for violating or refusal to comply with an order of the court made in due course and within the jurisdiction of the court.

Appeal from Circuit Court, Hillsborough County; F M. Robles, judge.

COUNSEL

Whitaker Bros., of Tampa, for appellant.

R. E L. Chancey, of Tampa, for appellee.

OPINION

BUFORD J.

This cause is before the court on appeal from the judge of the circuit court of Hillsborough county, adjudging the appellant to be in contempt of court.

The order from which appeal is taken is as follows to wit:

'This cause coming on this day to be heard upon the petition of the complainant for a ruling nisi, and the parties being properly before the court, and the court having jurisdiction of the subject matter, it is thereupon ordered, adjudged and decreed that Holger Miller, the respondent in the above styled cause, be and he is hereby adjudged in contempt of this court for his failure to pay the sum of $205, the amount shown to be delinquent at the date of the filing of the complainant's petition, to wit, August 7, 1924, for the support of Mary Augusta Miller, the minor child of the parties hereto, as required of him by the final decree hereinbefore entered, and until the payment of such sum it is further ordered that the respondent, Holger Miller, remain in contempt of this court and be confined in the county jail of Hillsborough county, Fla., until the same is paid, or until further order of the court.'

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