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Vereen v. Spears

District Court of Appeal of Florida, Third District
Jun 19, 2002
819 So. 2d 923 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D02-1476.

June 19, 2002.

A Case of Original Jurisdiction — Habeas Corpus.

Glenn R. Miller, West Palm Beach, for petitioner.

Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ.


As we have previously indicated by releasing the petitioner on her own recognizance, the application for habeas corpus relief from a civil contempt judgment and six month sentence for allegedly violating court orders is granted because of numerous defects in the proceedings and operative orders below, including the absence of findings that the petitioner had the present ability to comply with the orders in question and of an appropriate purge pro-vision. See Pugliese v. Pugliese, 347 So.2d 422 (Fla. 1977). Any further proceedings in this cause must be conducted in scrupulous conformance with the requirements of the law, including a sufficient charging document, trial and post trial orders. See Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985); Fla.R.Crim.P. 3.840; Amendments mo the Florida Family Law Rules of Procedure, 746 So.2d 1073 (Fla. 1999); Amendments to the Florida Family Law Rules of Procedure, 723 So.2d 208 (Fla. 1998).

Habeas corpus granted.


Summaries of

Vereen v. Spears

District Court of Appeal of Florida, Third District
Jun 19, 2002
819 So. 2d 923 (Fla. Dist. Ct. App. 2002)
Case details for

Vereen v. Spears

Case Details

Full title:HEDDIE SMITH VEREEN, Petitioner, v. LOIS SPEARS, DIRECTOR OF MIAMI DADE…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 19, 2002

Citations

819 So. 2d 923 (Fla. Dist. Ct. App. 2002)