clarification on possible contempt

[quincy]

Thanks. It is my pleasure to post once the hearing is over.
I definitely understood this forum's limitations as well but this forum did all the help it can within its limits.

I am glad you understand our limitations.

We will keep this thread warm for you until we hear from you next.

Again, good luck.

 

[poste]

I have an additional question. If the court held me in contempt then can I file a motion for rehearing within 15 days after that AND once the court made a decision on that rehearing motion, can I file an appeal with the appeals court within 30 days after that rehearing decision?

 

[quincy]

I have an additional question. If the court held me in contempt then can I file a motion for rehearing within 15 days after that AND once the court made a decision on that rehearing motion, can I file an appeal with the appeals court within 30 days after that rehearing decision?

Did the court hold you in contempt?

 

[poste]

Thank you. Not yet. I am just familiarizing myself about options and the rules. I do not wish lose an appeal choice (in case I lost at the circuit court) wrongly thinking that I can go for rehearing if rehearing is not allowed in contempt orders.

 

[quincy]

Thank you. Not yet. I am just familiarizing myself about options and the rules. I do not wish lose an appeal choice (in case I lost at the circuit court) wrongly thinking that I can go for rehearing if rehearing is not allowed in contempt orders.

You can appeal a finding of contempt.

If you expect an unfavorable outcome, at the contempt hearing you should "preserve" for appeal the issues you have with the order (e.g., ambiguity, lack of clarity, failure to determine ability to comply, whatever).

Good luck.

 

[poste]

Thank you Quincy, certainly.
“"preserve for appeal the issues you have with the order (e.g., ambiguity, lack of clarity, failure to determine ability to comply, whatever)”: does it mean raise such issues during rehearing?

 

[quincy]

Thank you Quincy, certainly.
“"preserve for appeal the issues you have with the order (e.g., ambiguity, lack of clarity, failure to determine ability to comply, whatever)”: does it mean raise such issues during rehearing?

Yes. You need to make sure your specific objections to the order are made known to the court. It is best if the hearing is recorded.

 

[poste]

Thank you again, Quincy, for your detailed advice and I will do it! I will make sure the hearing and rehearing (if I go for rehearing) are recorded by a court reporter.

(a). Do I also need to attach the hearing transcript (of the hearing on contempt motion) to the circuit court by the time of rehearing or any time prior to the appeal?

(b). Can the hearing or rehearing transcripts be submitted to (or used at) the appeals court, without ever submitting them to the circuit court?

(c). I will have 15 days to file for rehearing (once judgment is made on contempt motion) and 30days (from the date a judgment is made on rehearing motion) to file for appeal: please let me know if these time lines are wrong.

 

[quincy]

Thank you again, Quincy, for your detailed advice and I will do it! I will make sure the hearing and rehearing (if I go for rehearing) are recorded by a court reporter.

(a). Do I also need to attach the hearing transcript (of the hearing on contempt motion) to the circuit court by the time of rehearing or any time prior to the appeal?

(b). Can the hearing or rehearing transcripts be submitted to (or used at) the appeals court, without ever submitting them to the circuit court?

(c). I will have 15 days to file for rehearing (once judgment is made on contempt motion) and 30days (from the date a judgment is made on rehearing motion) to file for appeal: please let me know if these time lines are wrong.

Here is a link to a Florida "Pro Se Appellate Handbook" that can guide you. It is a 2016 version but I am not aware of any changes since then. You might find Chapter 3 most helpful to you right now.

http://prose.flabarappellate.org/pdf/ProSeAppellate_Handbook_2016.pdf

I hope you won't need it. The judge may not find you in contempt. Good luck.

 

[poste]

Thank you Quincy,, appreciate!

 

[quincy]

Thank you Quincy,, appreciate!

You're welcome, poste. I appreciate the thanks. Good luck.