From Casetext: Smarter Legal Research

White v. Buck

District Court of Appeal of Florida, Fifth District
Apr 9, 1987
505 So. 2d 36 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-1806.

April 9, 1987.

Appeal from the Circuit Court for Orange County, Claude R. Edwards, J.

Edwin R. Ivy, Orlando, for appellants.

No appearance for appellees.


This is an appeal from an order adjudging appellants guilty of indirect criminal contempt. Because the order fails to follow Florida Rule of Criminal Procedure 3.840(a)(6), we set aside the judgment. The rule requires the order to set forth the facts upon which the judgment is based. Miller v. State, 305 So.2d 826 (Fla. 4th DCA 1975); Moore v. State, 245 So.2d 880 (Fla. 2d DCA 1971). Contempt proceedings often result in jail sentences, as did this one. For that reason the court must follow the law with precision, both to advise the accused and to permit meaningful appellate review.

The judgment and sentence are set aside and this cause remanded for entry of a proper judgment.

VACATED and REMANDED.

UPCHURCH, C.J., and SHARP, J., concur.


Summaries of

White v. Buck

District Court of Appeal of Florida, Fifth District
Apr 9, 1987
505 So. 2d 36 (Fla. Dist. Ct. App. 1987)
Case details for

White v. Buck

Case Details

Full title:ED WHITE AND BARBARA CORNWELL, APPELLANTS, v. CHARLES R. BUCK, ET AL.…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 9, 1987

Citations

505 So. 2d 36 (Fla. Dist. Ct. App. 1987)

Citing Cases

Gidden v. State

We affirm both convictions, finding that only Gidden's argument concerning his conviction for criminal…

Alexander v. State

This is an appeal from an order adjudging appellant guilty of indirect criminal contempt. As in White v.…