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Florida District Courts of Appeal, 1994

Battle v. State

Battle v. State
Florida District Courts of Appeal · Decided July 15, 1994 · Cobb, Harris, Peterson
639 So. 2d 1081; 1994 Fla. App. LEXIS 7000; 1994 WL 363863 (Southern Reporter, Second Series)

Battle v. State

Opinion of the Court

PER CURIAM.

This police officer’s failure to respond to a subpoena for deposition appears to be unintentional. His explanation, given under oath, shows he lacked any intent to violate the terms of the subpoena. His contempt conviction is reversed. Scrimshaw v. State, 592 So.2d 753 (Fla. 5th DCA 1992).

REVERSED.

HARRIS, C.J., and PETERSON, J., concur. COBB, J., concurs specially with opinion.

Concurring Opinion

COBB, Judge,

concurring specially.

The findings of fact by the trial judge in this case show-that her contempt adjudication against Officer Battle was based, at least in part, on conduct of other persons, for *1082which Battle could not be blamed. Accordingly, I concur in the majority result.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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