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Schere v. Schere

District Court of Appeal of Florida, Third District
Sep 21, 1993
623 So. 2d 869 (Fla. Dist. Ct. App. 1993)

Opinion

Nos. 92-2084, 92-2066.

September 21, 1993.

Appeals from the Circuit Court of Dade County; Alan R. Schwartz, Judge.

Shea Gould, Jay D. Schwartz, Elizabeth S. Baker and Alberto A. Macia, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before COPE, LEVY and GODERICH, JJ.


ON CONFESSION OF ERROR


As the State of Florida correctly concedes, the trial court erred in not complying with the provisions of Rule 3.840 of the Florida Rules of Criminal Procedure when the trial court found the appellant to be guilty of indirect criminal contempt. Accordingly, that adjudication of contempt must be reversed. See Goral v. State, 553 So.2d 1282 (Fla. 3d DCA 1989).

Said reversal is without prejudice to the initiation of any further contempt proceedings that the trial court may deem appropriate. In view of the State's confession of error as to issue one in this case, the remaining issues are rendered moot.

Reversed and remanded.


Summaries of

Schere v. Schere

District Court of Appeal of Florida, Third District
Sep 21, 1993
623 So. 2d 869 (Fla. Dist. Ct. App. 1993)
Case details for

Schere v. Schere

Case Details

Full title:MARVIN SCHERE, APPELLANT, v. RHODA SCHERE, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 21, 1993

Citations

623 So. 2d 869 (Fla. Dist. Ct. App. 1993)