Summary
holding that serving order to show cause on “the 26th for a contempt hearing on the 29th was insufficient notice”
Summary of this case from Korn v. KornOpinion
No. 89-1996.
April 25, 1990.
Appeal from the Circuit Court for Broward County; Leroy H. Moe, Judge.
R.H. Bo Hitchcock of Hitchcock Cunningham, P.A., Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, Joan Fowler and Deborah Guller, Asst. Attys. Gen., West Palm Beach, for appellee.
We reverse and remand with direction to rehear the matter pursuant to reasonable notice. Any contempt of appellant for failure to answer a state attorney's questions pursuant to subpoena outside of the court's presence would be indirect, not direct, contempt. See Fla.R.Crim.P. 3.830. Serving the order on the 26th for a contempt hearing on the 29th was insufficient notice. See Goral v. State, 553 So.2d 1282 (Fla.3d DCA 1989). Any contempt judgment must set forth the facts which constitute the contempt, which the judgment here failed to do. See Folsom v. Folsom, 509 So.2d 1330 (Fla.2d DCA 1987).
GLICKSTEIN, DELL and GARRETT, JJ., concur.