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Update on Prejudgment Contempt Orders

This blog deals with appeals. It deals with non-final orders. It deals with Contempt in Dissolution of Marriage, it discusses how Prejudgment contempt orders are appealable non-final orders only if the ordered sanction falls within subsections of Rule 9.130(a) (3). 

The Florida Fourth District Court of Appeals en banc receded from prior opinions permitting nonfinal appeals of all prejudgment contempt orders. In that case, the appellate court held that a prejudgment order finding the former husband in contempt for failure to comply with discovery orders was redesignated as a petition for writ of certiorari. 

In that case, the appellant was seeking review of an order solely finding him in willful contempt for failing to provide property records pursuant to the trial court’s previous order granting Appellee’s motion for civil contempt, enforcement, and sanctions. The Court ruled that since Appellant sought review of an order solely finding him in contempt, and contempt alone is not an enumerated category of Rule 9.130 (a)(3), the court says the sponte treated Appellant’s notice of appeal as a petition for writ of certiorari, and ordered Appellant to file a petition and appendix. 

The Court’s method of reviewing a civil contempt order differs depending on whether it is a post or pre-judgment contempt order. Post-judgment contempt orders are reviewed as final appeals wherein reviewing a contempt order on post-judgment issues as a final order is pursuant to Rule 9.030. In that case ruled in by the Court, the trial court had yet to issue a final judgment, so the court’s contempt order could not be reviewed as a final order. 

For pre-judgment contempt orders, two scenarios exist. In the first scenario, if the party found in contempt is taken into custody, then the proper method for seeking review is a petition for writ of habeas corpus. Where the order states that law enforcement should take no action, a petition for a writ of habeas corpus would be improper. Where the party found in contempt has not been taken into custody, Rule 9.130. (a)(3) provides an exhaustive list of nonfinal orders that can be appealed to the district courts of appeal. Contempt orders are not included on the list. Therefore, the Court treated the notice of appeal as a petition for writ of certiorari, and ordered Appellant to file a petition and appendix. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.