stayed judgement, how to comply?

[jaimaine45]

What is the name of your state? Florida
Florida trial court entered final order (“order 1”) which includes jail time, holding me in contempt of court order (“order 2”) in a civil case. In order 1, court stated that I violated certain things some of which (“additional things”) are not even mentioned in order 2. I could not appeal. I was sent to jail. While serving jail time, I filed emergency motion stating that I complied with order 2. The court conducted a hearing on the emergency motion and entered an order (order 3) stating that: the remaining jail time is stayed until "next hearing" (the “next hearing” date is not specified) during which the court will decide if I am in compliance with order 2. This happened 3 months ago.



How long the court will wait for “next hearing” if the other party did not file or request anything? Who should initiate that "next hearing" that is pending: The plaintiff or the court on its own (of course, I will not initiate)?



During the next hearing (whenever it may be), if I prove that I complied with order 2 then it is enough OR I should prove that I am in compliance with order 2 plus the “additional things” found in order 1 also?

 

[quincy]

What sort of civil case is this that has you jailed? Do you have an attorney? If not, why not?

 

[jaimaine45]

Thank you. The case involves my failure to return some documents to my former friend. I have no attorney (intially have but could not afford after that)

 

[quincy]

Have you complied fully now with all that you were ordered to do?

Did you post a bond?

 

[jaimaine45]

Thanks again. I fully complied with order 2 (not with order 1, as I have no way to comply with it).

FYI, the most latest order, i.e. order 3, ordered me to comply with order 2 only.

Is this enough to avoid remaining jail time?

 

[quincy]

You are in jail now?

I think you need an attorney. Ask for a public defender.

 

[jaimaine45]

Thanks again. I am free starting from the date on which order 3 was entered. Unfortunately, I cannot get a public defendor as this is a civil case.

 

[quincy]

What is Order 1? Was jail time for contempt of court?

 

[jaimaine45]

Yes sir, Order 1 found me in contempt of order 1. Order 1 also awarded me jail time for violating order 2.

As I said before, in order 1, court stated that I violated x, y, z conditions given in order 2. However, some of these x, y, z are not even mentioned in order 2. Now my question is: to avcoid further jail time, if I fuly comply with order 2 then it is enough or do I need to comply with order 2 plus all these x, y, z also?

 

[quincy]

Yes sir, Order 1 found me in contempt of order 1. Order 1 also awarded me jail time for violating order 2.

As I said before, in order 1, court stated that I violated x, y, z conditions given in order 2. However, some of these x, y, z are not even mentioned in order 2. Now my question is: to avcoid further jail time, if I fuly comply with order 2 then it is enough or do I need to comply with order 2 plus all these x, y, z also?

I would assume that all conditions must be met.

 

[jaimaine45]

Thank you sir. However, order 3 (which is the latest order) ordered me to comply with order 2 or else I will be sent back to jail. Order 3 did not say that I should comply with something which is not in order 2. It seems I provided the situation more clearly now. Could you provide your feedback?

Also How long the court will wait for “next hearing” (stated in Order 3) if the other party did not file or request anything? Who should initiate that "next hearing" that is pending: The plaintiff or the court on its own (of course, I will not initiate)?

 

[quincy]

You can call the court to see if a hearing has been scheduled. The judgment holder should file a “satisfaction of judgment” when you have satisfied all conditions of the judgment.

I would assume that, if your failure to comply with Order 1 is what sent you to jail, you should fully comply with both Order 1 and Order 2.

Why are you unable to comply with Order 1’s “additional things?”

 

[jaimaine45]

Thank you again. No hearing has been scheduled and the judgment holder did not file anything.
I already complied with all the things in order 2. I have an expert witness to give testimony on this. I cannot comply with order 1's "additional things" as it is a never ending task, I cannot elaborate here unfortunately.
Do you have any idea on How long the court will wait for “next hearing” (stated in Order 3) if the judgment holder did not file anything? Who should initiate that "next hearing" that is pending: The plaintiff or the court on its own (of course, I will not initiate)?

 

[quincy]

No idea. Sorry.

 

[jaimaine45]

Thank you again,. I can understand your situation.
By the way, after a hearing, if the court decides to send me to jail despite me fully complying with Order 2 (but not complying with additional conditions of order 1), can I appeal this matter on the grounds that I fully complied with order 2 as ordered in order 3. Note that the plaintiff never filed rehearing or appeal on order 3 thereby it is now final.