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Florida District Courts of Appeal, 1996

State, Department of Corrections v. Berry

State, Department of Corrections v. Berry
Florida District Courts of Appeal · Decided August 21, 1996 · Gunther, Pari, Shahood, Stone
679 So. 2d 824; 1996 Fla. App. LEXIS 8896 (Southern Reporter, Second Series)

State, Department of Corrections v. Berry

Concurring in Part

STONE, Judge,

concurring in part and dissenting in part.

I would reverse the entry of sanctions against Appellant’s attorney. Although counsel was alerted that the court was considering sanctions, the court did not comply with the procedural requirements of contempt, which, in my judgment, would be the only basis upon which to lawfully justify the sanctions imposed. As to the other issues raised, I concur in affirming.

Opinion of the Court

PER CURIAM.

AFFIRMED.

GUNTHER, C.J., and SHAHOOD, J., concur. STONE, J., concurs in pari and dissents in part with opinion.

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