02-1476 VEREEN V. SPEARS

State: Florida

Court: Florida Third District Court

Docket No: 02-1476 VEREEN V. SPEARS

Case Date: 06/19/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002

HEDDIE SMITH VEREEN, Petitioner, vs.

** ** ** CASE NO. 3D02-1476 LOWER TRIBUNAL NO. 94-5186

** LOIS SPEARS, Director of MIAMI DADE COUNTY DEPARTMENT ** OF CORRECTIONS and REHABILITATION, ** Respondent. ** Opinion filed June 19, 2002.

A Case of Original Jurisdiction - Habeas Corpus. Glenn R. Miller, for petitioner. Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for respondent. Before SCHWARTZ, C.J., and COPE and FLETCHER, JJ. PER CURIAM. As we have previously indicated by releasing the petitioner on her own recognizance, the application for habeas corpus relief from a civil contempt judgment and six month sentence for allegedly violating court orders is granted because of numerous defects in

the proceedings and operative orders below, including the absence of findings that the petitioner had the present ability to comply with the orders in question and of an appropriate purge provision. See Pugliese v. Pugliese, 347 So. 2d 422 (Fla. 1977). Any further proceedings in this cause must be conducted in scrupulous

conformance with the

requirements of the law, including a See

sufficient charging document, trial and post trial orders.

Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985); Fla.R.Crim.P. 3.840; Amendments to the Florida Family Law Rules of Procedure, 746 So. 2d 1073 (Fla. 1999); Amendments to the Florida Family Law Rules of Procedure, 723 So. 2d 208 (Fla. 1998). Habeas corpus granted.

2

Download 02-1476 VEREEN V. SPEARS.pdf