Harmon v. State

Full title: WILLETTE HARMON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 2, 1984

445 So. 2d 349 (Fla. Dist. Ct. App. 1984)

Opinion

No. 82-2290.

January 10, 1984. Rehearing Denied March 2, 1984.

Appeal from the Circuit Court, Dade County, Fredricka G. Smith, J.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

The order finding the defendant in contempt of court is reversed as there is no showing, based on statements or other circumstances, that she intended to "embarrass, hinder or obstruct" the court. See Thomson v. State, 398 So.2d 514, 517 (Fla. 2d DCA 1981).

Reversed.

JORGENSON, Judge, dissenting.

I respectfully dissent. The showing required by the majority opinion is not, in my view, necessary. See Fla.R.Crim.P. 3.130(b)(4)(i)(3).