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Civil Contempt, Sanctions + Miami Lawsuits

Uncategorized • Jan 17, 2021
post about Civil Contempt, Sanctions +  Miami Lawsuits

Are involved in a Miami lawsuit ? Did you hear the word “contempt” or “sanctions“? Not a good thing. A recent 3rd District Court of Appeal opinion from January 13, 2021 deals with civil contempt. It reminds all Miami trial lawyers about this sensitive subject. If you were found in contempt, one question which you have no doubt asked your Miami litigation law firm is: “Can I appeal this order of contempt?” Florida Civil Contempt Has an order of civil contempt been filed against you in a Miami lawsuit? If so, have you spoken to a Florida appellate attorney about seeking a writ of certiorari before Florida’s 3rd District Court of Appeal? A writ of certiorari is a “request” by a litigant, non-party, or party, asking the appeals court to review a trial court’s order. A recent, January 13, 2021 opinion from the appeals court for Miami-Dade deals with contempt. It reminds us of one important tenet of Florida law. Most Miami business litigators know this. “A party cannot be held in contempt for non-compliance with a court order if there party did not have the present ability to comply with the court order.” This quote is from the case of Children’s Home Society of Florida v. K.W., et al. You can read the entire opinion here: What is Contempt? A trial judge may enter an order of contempt for parties that don’t comply with court orders. Sanctions in a Miami lawsuit are a related but different concept of punishment. […]

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