E.H. v. State
E.H. v. State
Opinion of the Court
E.H. challenges an order holding him in indirect criminal contempt of court. We reverse the order because, as the State concedes, the trial court did not follow the procedures set forth in Florida Rule of Juvenile Procedure 8.150(b) to hold E.H. in indirect criminal contempt of court.
It appears from the record that the trial court never issued an order to show cause, which must be served on the defendant to initiate indirect criminal contempt proceedings. See Fla. R. Juv. P. 8.150(b)(1); see also Blalock v. Rice, 707 So.2d 738, 741 (Fla. 2d DCA 1997) (discussing Florida Rule of Criminal Procedure 3.840, the adult counterpart to rule 8.150). The trial court also erred by finding E.H. in contempt in the juvenile’s absence. By doing so, the trial court could not comply with the requirements that the
Reversed.
Reference
- Full Case Name
- E.H., a child v. STATE of Florida
- Cited By
- 1 case
- Status
- Published