Summary
In Aron v. Huttoe, 265 So.2d 699 (Fla. 1972), the supreme court approved the Third District's holding that a failure to appear at trial in response to a witness subpoena was direct criminal contempt as opposed to indirect criminal contempt.
Summary of this case from Martinez v. StateOpinion
No. 42201.
July 26, 1972.
Writ of Certiorari to the District Court of Appeal, Third District.
George D. Gold, of Pozen, Pestcoe, Gold Gold, and Lyle D. Lieberman, Miami, for petitioner.
Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for respondent.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 258 So.2d 272. The District Court has certified its decision as one passing on a question of great public interest, to-wit:
"Whether a person who fails to appear at trial after having been properly subpoenaed may be brought into court during the trial and summarily held in contempt after failing to prove an adequate excuse."
After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly decided the cause and its decision is adopted as the ruling of this Court.
Accordingly, certiorari is discharged.
It is so ordered.
ROBERTS, C.J., ADKINS, BOYD and DEKLE, JJ., and SMITH (HAROLD S.), Circuit Judge, concur.