Florida District Courts of Appeal, 1996

B.L.J. v. State

B.L.J. v. State
Florida District Courts of Appeal · Decided September 4, 1996 · Lawrence, Miner, Webster
678 So. 2d 530; 1996 Fla. App. LEXIS 9257; 1996 WL 496305 (Southern Reporter, Second Series)

B.L.J. v. State

Opinion of the Court

PER CURIAM.

We reverse the judgment holding appellant in indirect criminal contempt of court because the order to show cause was not “based upon an affidavit or sworn testimony of an individual having personal knowledge of the essential facts.” Hunt v. State, 659 So.2d 363, 364 (Fla. 1st DCA 1995). We do not intend by this opinion to preclude the initi*531ation of new proceedings, provided that the requirements of Florida Rule of Juvenile Procedure 8.150(b) are satisfied.

REVERSED.

MINER and WEBSTER, JJ., concur. LAWRENCE, J., specially concurs with written opinion.

Concurring Opinion

LAWRENCE, Judge,

specially concurring.

I concur with the majority that Hunt v. State, 659 So.2d 363 (Fla. 1st DCA 1995), requires that the judgment of the trial court be reversed. However, I write to address any suggestion that an order to show cause issued pursuant to Florida Rule of Juvenile Procedure 8.150(b) must be based only upon an affidavit or sworn testimony of an individual having personal knowledge of the essential facts. Rule 8.150(b) provides in the alternative that an order to show cause may be based upon “the [court’s] own motion.” A.L.B. v. State, 675 So.2d 668 (Fla. 1st DCA 1996).

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