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Fernandez v. Kellner

Supreme Court of Florida, Special Division B
Jan 15, 1952
55 So. 2d 793 (Fla. 1952)

Summary

stating “[t]hat the court had the power and authority to punish as for a contempt the willful violation of its injunctive order cannot be questioned”

Summary of this case from Environ Towers I Condo. Ass'n, Inc. v. Hokenstrom

Opinion

December 7, 1951. Rehearing Denied January 15, 1952.

Petition from the Circuit Court for Hillsborough County, Harry N. Sandler, J.

J. Tom Watson, Tampa, for petitioner.

Whitaker Brothers, Tampa, for respondents.


We here review an order of the lower court adjudging petitioner to be in contempt of its temporary restraining order theretofore entered against him.

That the court had the power and authority to punish as for a contempt the willful violation of its injunctive order cannot be questioned, State ex rel. Grebstein v. Lehman, 100 Fla. 481, 129 So. 818; and, since the lower court itself is necessarily the best judge of whether its order has been violated, its determination will not lightly be set aside. Baumgartner v. Joughin, 105 Fla. 335, 141 So. 185. There being abundant evidence to support the order of the lower court, the writ is denied.

Certiorari denied.

SEBRING, C.J., and TERRELL, CHAPMAN and ROBERTS, JJ., concur.


Summaries of

Fernandez v. Kellner

Supreme Court of Florida, Special Division B
Jan 15, 1952
55 So. 2d 793 (Fla. 1952)

stating “[t]hat the court had the power and authority to punish as for a contempt the willful violation of its injunctive order cannot be questioned”

Summary of this case from Environ Towers I Condo. Ass'n, Inc. v. Hokenstrom
Case details for

Fernandez v. Kellner

Case Details

Full title:FERNANDEZ v. KELLNER ET AL

Court:Supreme Court of Florida, Special Division B

Date published: Jan 15, 1952

Citations

55 So. 2d 793 (Fla. 1952)

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