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Ginnell v. Pacetti

District Court of Appeal of Florida, Fourth District
Sep 3, 2010
41 So. 3d 322 (Fla. Dist. Ct. App. 2010)

Opinion

No. 4D09-1150.

July 14, 2010. Rehearing Denied September 3, 2010.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. FMCE 03-2230 42 93.

Lisa Marie Macci of Lisa Marie Macci, P.A., Boca Raton, for appellant.

Chad R. Laing of Laing Law Group, P.A., and Richard G. Bartmon of Law Offices of Bartmon Bartmon, P.A., Boca Raton, for appellee.


We reverse appellant's conviction for direct criminal contempt of court only because the trial court's order does not recite any of the facts constituting contempt. Rule 3.830 states a "judgment of guilt of contempt shall include a recital of those facts on which the adjudication of guilt is based." The failure to include these facts in the written order is reversible error. Bouie v. State, 784 So.2d 521 (Fla. 4th DCA 2001); Schenck v. State, 645 So.2d 71 (Fla. 4th DCA 1994); Woods v. State, 600 So.2d 27 (Fla. 4th DCA 1992). On remand, the trial court shall issue an order complying in all respects with the requirements of Rule 3.830.

Reversed and remanded.

FARMER, DAMOORGIAN and LEVINE, JJ., concur.


Summaries of

Ginnell v. Pacetti

District Court of Appeal of Florida, Fourth District
Sep 3, 2010
41 So. 3d 322 (Fla. Dist. Ct. App. 2010)
Case details for

Ginnell v. Pacetti

Case Details

Full title:Joan B. GINNELL, Appellant, v. Brian Robert PACETTI, II, a/k/a Todd…

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 3, 2010

Citations

41 So. 3d 322 (Fla. Dist. Ct. App. 2010)