Opinion
No. 92-2306.
February 16, 1993.
An Appeal from non-final orders of the Circuit Court for Dade County; Ursula Ungaro-Benages, Judge.
Garfield and Associates, and Neil F. Garfield, Fort Lauderdale, for appellants.
Roger A. Bridges, Coral Gables, for appellees.
Before BARKDULL, COPE and GODERICH, JJ.
Susan Lynn Fineman, Linda Ellen Schwartz, and Neil F. Garfield appeal an order of contempt dated October 14, 1992, and an order denying appellants' motion for disqualification.
We conclude, and appellees concede, that the contempt order should not allow appellees to apply for relief ex parte in the event the purge provisions of the order are not complied with. We therefore strike the phrase "on an ex parte basis" from page 4, paragraph 2, of the order of contempt dated October 14, 1992.
In our view the order of contempt is otherwise entirely correct and abundantly justified. See § 38.23, Fla. Stat. (1991). It is affirmed as modified, and the order denying disqualification is affirmed.
Affirmed as modified.