Botwinick v. State
Botwinick v. State
Opinion of the Court
Attorney, Randy Botwinick (“Botwin-ick”), appeals from an adjudication and $500.00 fine for direct criminal contempt based upon a willful violation of a court order during a civil trial. We affirm.
At trial, during Botwinick’s cross-examination of an Allstate expert medical witness, Botwinick asked the witness: “Were you aware or were you made aware at that time that Allstate had been denying the claim for about four years as of that time?” Allstate objected and the trial judge sustained the objection telling Botwinick that this area had been specifically proscribed. Botwinick, in an apparent tonsorial attempt to split hairs, replied that his question was directed towards Allstate’s denial of injury, not denial of liability.
Although Botwinick was well aware of the dictates of the clear order, he tried to circumvent it by asking the witness whether he was aware that Allstate had been denying the claim for four years. This question was of no consequence to the witness’ testimony, was asked in direct violation of the order, and was asked only to impassion the jury against Allstate. Accordingly, the trial court’s contempt order finding that Botwinick violated a clear court order is affirmed in all respects. See Vizzi v. State, 501 So.2d 613 (Fla. 3d DCA 1986).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.