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State ex rel. Pipia v. Buchanan

Document Cited authorities 1 Cited in 7 Precedent Map Related
Decision Date02 November 1964
Docket NumberNo. 64-845,64-845
Citation168 So.2d 783
PartiesSTATE of Florida ex rel. Salvatore C. PIPIA, Relator, v. T. A. BUCHANAN, Sheriff of Dade County, Florida, Respondent.
CourtFlorida District Court of Appeals

Page 783

168 So.2d 783

STATE of Florida ex rel. Salvatore C. PIPIA, Relator, v.T. A. BUCHANAN, Sheriff of Dade County, Florida, Respondent.

No. 64-845.

District Court of Appeal of Florida, Third District.

Nov. 2, 1964.

Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., Thomas C. Britton, County Atty., and Peter Nimkoff, Asst. County Atty., for respondent.

Before HORTON, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

In a petition for a writ of habeas corpus filed in this court, it is alleged that petitioner is in the custody of the Sheriff of Dade County pursuant to the following order of the Circuit Court of Dade County, which provided, in pertinent part:

'3.The Plaintiff, SALVATORE C. PIPIA, be and he is hereby adjudged in contempt of this Court for his failure to comply with the aforesaid Order entered by this Court on September 11, 1961, and in further contempt of this Court, for his deliberate attempt to conceal and prevent a material witness from givin her testimony in this cause, as set forth above, and as punishment for same, he is hereby sentenced to serve 120 days in the County Jail of Dade County, Florida, and Thomas J. Kelly, as Sheriff of Dade County Florida, personally, or by one of his deputies, is hereby commanded to take into custody said Plaintiff, SALVATORE C. PIPIA, and commit him to the County Jail of Dade County, Florida, and there keep him imprisoned for a period of 120 days.'

By his petition for release, in this habeas corpus proceeding, petitioner contends and we agree that the order of contempt is fatally defective.

The court determined petitioner to be in contempt on two...

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5 cases
  • Florida Rules of Criminal Procedure., In re
    • United States
    • Florida Supreme Court
    • March 1, 1967
    ...has a constitutional right to a hearing under the due process clauses of the state and federal constitutions. (State ex rel. Pipia v. Buchanan, 168 So.2d 783 (Fla.App.1964).) This right includes the right to assistance of counsel and the right to call witnesses. (Baumgartner v. Joughin, 105......
  • Contella v. Contella
    • United States
    • Florida District Court of Appeals
    • February 1, 1990
    ...v. Damkohler, 336 So.2d 1243 (Fla. 4th DCA 1976); Carter v. Easterling, 362 So.2d 356 (Fla. 1st DCA 1978); State ex rel. Pipia v. Buchanan, 168 So.2d 783 (Fla. 3d DCA 1964); Wallens v. Buchanan, 168 So.2d 687 (Fla. 3d DCA 1964).5 Bowen says this latter situation is criminal contempt, recedi......
  • Hammond v. Sandstrom, 79-1939
    • United States
    • Florida District Court of Appeals
    • November 6, 1979
    ...review by habeas corpus, see State ex rel. Trezevant v. McLeod, supra; Demetree v. State ex rel. Marsh, supra; State ex rel. Pipia v. Buchanan, 168 So.2d 783 (Fla. 3d DCA 1964); State ex rel. Byrd v. Anderson, 168 So.2d 554 (Fla. 1st DCA 1964); 15 Fla.Jur. Habeas Corpus § 71 (1957); the pet......
  • Foster v. Foster
    • United States
    • Florida District Court of Appeals
    • March 18, 1969
    ...directions to the executive officer to fully execute the order and release the contemnor when order is satisfied); State ex rel. Pipia v. Buchanan, Fla.App.1964, 168 So.2d 783 (holding order of civil contempt to be defective wherein it was not provided that petitioner could purge himself of......
    • Request a trial to view additional results

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